general terms
& conditions

noa entertainment GmbH operates the online ticket store through which tickets for the ANNOTOPIA Fantasy Festivals can be purchased. The following General Terms and Conditions apply.
1 Scope of the General Terms and Conditions
1.1 These General Terms and Conditions govern the business relationship between noa entertainment GmbH (hereinafter “noa”) and the customers/visitors of ANNOTOPIA.

1.2 Contact details noa entertainment GmbH
Frank Brune,

Dominik Klima
Elisabethstr. 31
33428 Harsewinkel
Phone: +49 5247 / 406120
Fax: +49 5247 407972
E-mail: tickets@annotopia.eu

1.3 These General Terms and Conditions apply to all deliveries and services (including information and the provision of information by noa). The sale of all tickets offered via noa is subject exclusively to these General Terms and Conditions in their current version.

1.4 Any terms and conditions that conflict with or deviate from these General Terms and Conditions are hereby rejected unless noa expressly agrees to them. This consent must always be given in writing. This also applies if reference is made to the client’s GTC when the order is placed and noa performs its services without reservation.

1.5 By purchasing an admission ticket for ANNOTOPIA from noa, the customer recognizes these General Terms and Conditions as legally binding within the framework of the contractual relationship.

2. purchase of tickets
2.1 Tickets are sold exclusively to natural persons for non-commercial and/or non-commercial purposes. The admission ticket purchased by the customer only and exclusively entitles the customer to attend the event printed on the admission ticket on the specified date. In principle, only tickets issued by noa entitle the holder to admission (the term “ticket” also includes so-called “eTickets”). Further services are not included in the ticket price unless these are stated on the ticket.

2.2 If the admission ticket is lost after the transfer of risk, noa will not provide a replacement.

2.3 The resale of noa admission tickets for commercial and/or business purposes by unauthorized third parties is prohibited without the written consent of noa. This prohibition also applies to commercial and/or industrial brokerage and/or representation activities not authorized by noa (including covert activities), in particular if a commercial provider brokers the purchase of tickets and/or acts as an open or covert representative.

2.4 Anyone who violates the above prohibition of resale for commercial and/or business purposes must pay noa a contractual penalty of EUR 500 for each case of violation. The right to claim further damages remains reserved.

2.5 The online sale of tickets is organized by noa entertainment GmbH. The customer may only use the offer contained on the internet pages provided by noa for private purposes. Downloading and temporary, unaltered storage is only permitted for personal use.

2.6 In online ticketing, the client purchases admission tickets from noa. In the following, the term “ticket” also includes so-called “eTickets” (section 2.8). The claim for the provision of services therefore arises directly against noa. The purchase price consists of the ticket price charged by noa plus any online booking fee charged by noa.
2.7 When booking tickets via the online ticketing system, the offer for the conclusion of the contract is made by the customer. The price per ticket and the final price of the order are displayed to the customer before the order process is completed. Before submitting the offer, the customer is given the opportunity to check all details (e.g. name, address, payment method and item ordered) again and change them if necessary. After completing the order process and checking the details again, the customer submits a legally binding offer to conclude a contract by clicking the “Buy now” button. If noa accepts the customer’s offer, it confirms this by sending an email, which also constitutes acceptance of the offer. A period of 24 hours after receipt of the offer generally applies to the declaration of acceptance. In the case of the payment option via payment service providers such as PayPal, the customer is redirected from our online store to the provider’s website. After entering all the necessary data, the customer is then redirected back to our store. If you choose to pay in advance, we will provide you with the bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. Upon successful receipt of payment, the eTicket will be sent to you by e-mail. You can only exercise a right of retention if the claims result from the same contractual relationship.

2.8 For advance ticket sales for the ANNOTOPIA Festivals, only the so-called “eTicket procedure” is used; the presentation of the booking confirmation already entitles the customer to immediate admission; the booking confirmation must contain a barcode for this purpose.

2.9 If the customer has claimed reduced admission prices when purchasing online, appropriate proof of entitlement (e.g. disabled pass, etc.) must be presented at the admission control. If proof of entitlement to a discount cannot be provided, the purchased eTicket must be completely canceled at the box office and a new (non-discounted) ticket must be purchased at the box office price. A refund of the amount already paid for the discounted tickets will only be made non-cash to the payment method used for the online purchase. The online booking fee shown in the booking confirmation will not be refunded.

2.10 The claim for payment arises upon conclusion of the contract.

2.11 If the payment of a transaction subsequently fails for reasons for which the client is responsible, noa will charge any fees incurred in addition to the original invoice amount.

2.12 The admission ticket purchased by the customer only and exclusively entitles the customer to attend the performance printed on the ticket on the specified date. In principle, only tickets issued by noa entitle the holder to admission. Further services are not included in the ticket price, unless these are stated on the ticket.

2.13 The admission ticket loses its validity when leaving the venue and is not transferable to other persons after the event.

2.14 If the admission ticket is lost after the transfer of risk, noa will not provide a replacement.

2.15 Depending on the development of the corona pandemic, the organizer reserves the right, if necessary, to grant admission only to persons who have been demonstrably vaccinated or who have been tested negative for the virus.

3. information on data protection and data processing
3.1 noa collects customer data as part of the processing of contracts. noa complies in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent – e.g. in accordance with any data usage declaration (hereinafter “DNE”) issued by the customer – noa will only collect, store, process or use the customer’s personal data insofar as this is necessary for the execution of the contractual relationship and for the use and billing of the services.

3.2 Without the client’s consent (if applicable, to the extent of the DNE granted), noa will not use the client’s data for the purposes of advertising, market or opinion research.

3.3 The data collected will only be processed by noa in accordance with the DNE, if issued, and in strict compliance with existing legal regulations.

3.4 noa will only use the data with the express consent of the client (if applicable, to the extent of the DNE granted) for the purpose of transmitting marketing information or information affecting future contracts (e.g. amendments and/or additions to these General Terms and Conditions).
3.5 In addition, with regard to the Customer’s consent and further information on data collection, processing and use, reference is made to the DNE, which is available in printable form on the ANNOTOPIA website at any time in the footer of the website under the heading “Data Usage Declaration”.

3.6 With regard to personal and usage-specific data, the Customer has the rights to information, correction and deletion guaranteed by the Federal Data Protection Act; these rights are to be exercised by sending a message by post (contact details under section 1.2) or by electronic mail to datenschutz@noa-entertainment.de.

4. consent to the receipt of emails and/or text messages
By agreeing to these GTC, the user consents to the receipt of e-mails and/or text messages to carry out or confirm the online ticketing.

5 Obligation of the customer to check, retention of title
5.1 The customer is obliged to check the ticket issued for completeness and correctness immediately upon receipt. Subsequent complaints are excluded.

5.2 As tickets are purchased via the online ticketing system, this obligation to check applies both to the confirmation email and to the electronic ticket (eTicket).

5.3 Admission tickets can only be paid for in euros.

5.4 Admission tickets remain the property of noa until the final invoice amount has been paid in full.

6 Exclusion of rights of revocation and return in the case of the purchase of admission tickets
The sale of tickets for a leisure event such as ANNOTOPIA does not constitute a distance selling contract within the meaning of § 312b BGB. This means that the customer has no right of withdrawal and no right of return vis-à-vis noa. Each order of tickets is therefore binding and obliges the customer to pay for the tickets ordered.

7 Protection of minors
7.1 noa must ensure compliance with all provisions of the German Youth Protection Act (JuSchG), in particular with regard to the regulations on the sale of alcoholic beverages and on accompanied or unaccompanied stays in public.

7.2 noa reserves the right to verify the age of the customer in an appropriate manner. If there are any doubts about the information provided, admission to the event may be denied or the purchase of tickets must be canceled.

8. noa’s liability, obligation to provide compensation
8.1 noa accepts no liability for the content of the performances shown at the event.

8.2 noa is not liable for lost wardrobe or lost or stolen valuables. noa assumes no duty of care in this regard.

8.3 Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by noa, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

8.4 In the event of a breach of essential contractual obligations, noa is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, body or health.

8.5 The restrictions of clauses 8.3 and 8.4 also apply in favor of noa’s legal representatives and vicarious agents if claims are asserted directly against them.

8.6 The provisions of the Product Liability Act remain unaffected.

8.7 noa is not liable for damages caused by third parties (in particular other visitors), unless noa or its legal representative or vicarious agent has contributed to the damage through gross negligence or intent. The limitations of liability do not apply in the event of injury to life, limb or health.

8.8 In the event of gross defects during the event, the customer is entitled to a refund of the ticket purchase price. Further compensation of any kind is excluded.

8.9 Program changes are not intended, but are possible. A claim for damages due to a short-term change to the published program of any kind is excluded.

8.10 noa is not liable for third-party services (e.g. catering services) which are provided by third parties within the framework of existing contracts or agreements, but the respective service provider is directly liable.
9 Prohibited behavior of the customer
9.1 It is not permitted to bring food and beverages not purchased at the event onto the event grounds or to consume food and beverages brought onto the event grounds in the entire event area.

9.2 noa may refuse a customer access to the event grounds if there is reason to fear that the person concerned will disrupt the event or general business operations or cause a nuisance to other visitors due to alcohol or drug consumption or for other reasons.

10 Obligatory behavior of the customer
10.1 The customer undertakes to use the premises with due care for the duration of the stay at the event. noa reserves the right to prosecute under civil law in the event of any culpable damage and also to prosecute under criminal law in the event of willful damage.

10.2 Objects of any kind found on the event grounds must be handed in to the ticket office staff.

10.3 Access to the public areas behind the admission control is only permitted with a valid admission ticket; access to non-public areas and the operating rooms is prohibited.

10.4 The customer undertakes to follow the instructions of the ticket office and security staff and to refrain from disrupting operations and the event in any way whatsoever.

11. expulsion and ban from the premises
In the event of violations of the above provisions of points 9. and 10., the security personnel are entitled to expel the respective visitor from the premises. Without prejudice to its other rights, noa is entitled to issue a temporary or permanent ban from the premises in the event of significant or repeated disturbances and violations of these provisions in individual cases.

12. complaints
Complaints in connection with the contract can be directed to the following address: info@annotopia.eu

13. choice of law, place of performance, place of jurisdiction, severability clause
13.1 Business relations of any kind between noa and the customer are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contract language is exclusively German.

13.2 The place of performance for all claims arising between noa and the customer from the business relationship is the registered office of the company as stated under 1.2.

13.3 If individual provisions of these GTC are or become invalid, this does not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the provision that is customary in the industry for this case, or, in the absence of a permissible provision customary in the industry, by the statutory provision.
noa does not undertake to participate in dispute resolution proceedings before a consumer arbitration board.

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