1. Scope and Contracting Parties
1.1 Organizer:
These General Terms and Conditions (GTC) apply to all contracts regarding participation in events (especially Convention and Gala) organized by Smart Rebellion GmbH, Vilbeler Landstraße 186, 60388 Frankfurt am Main, Germany (hereinafter referred to as "Organizer"). The Organizer offers tickets for these events on its website and is the contracting party for the ticket purchasers or registered participants.
1.2 Scope of Application:
These GTC apply to consumers and businesses who purchase tickets or register for events via the Organizer's website. Conflicting or deviating terms and conditions of participants are not recognized unless the Organizer expressly agrees to their validity in writing. By ordering a ticket or registering for the event, the participant accepts the following conditions as binding.
2. Participation Requirements
2.1 Minimum Age:
Participation in the events is permitted from the age of 16. Persons under 16 years of age are excluded from participation. By ordering the ticket or applying, the participant confirms that they meet this age limit. The Organizer is entitled to request proof of age (photo ID) upon entry.
2.2 Application and Selection (Convention):
Prior application is required for participation in the Convention (see Section 3.1). The Organizer reserves the right to reject applicants without stating reasons. There is no entitlement for the applicant to be admitted to the Convention. Selected applicants will be notified by the Organizer in good time before the event.
2.3 Truthful Information:
Participants are obliged to provide complete and truthful information during registration/application. The Organizer is entitled to exclude participants from the event in case of false information or violation of participation requirements.
3. Ticket Types and Scope of Services
3.1 Convention Tickets (Application Tickets):
Convention tickets are offered free of charge but require an online application via the designated form on the website. The number of available places is limited. The allocation of Convention tickets is based on selection by the Organizer at their sole discretion. Only after explicit confirmation of admission by the Organizer does the applicant receive a valid Convention ticket for participation. Convention tickets entitle the holder to admission to the respective Convention event; any additional services or benefits on-site are detailed in the event description. Convention tickets are personalized and non-transferable.
3.2 Gala Tickets:
Gala tickets are paid admission tickets for the Gala event. Participation can be requested via a binding inquiry form on the Smart Rebels GmbH website. The inquiry constitutes a binding offer to conclude a paid participation contract. The Organizer reserves the right to reject inquiries, especially, but not exclusively, if the requested ticket category is already sold out. If the Organizer accepts the inquiry, confirmation will be sent via email. Simultaneously, an invoice will be sent to the specified email address. Payment must be made within the period specified in the invoice. There is no shopping cart system or direct online payment via the website. Gala tickets are personalized and non-transferable.
4. Conclusion of Contract
4.1 Application Process (Convention):
The presentation of Convention participation on the website does not yet constitute a binding contract offer from the Organizer. By submitting the online application, the interested party makes a binding offer to conclude a free participation contract for the Convention. The receipt of the application may be automatically confirmed by the system (confirmation of receipt), but this does not yet constitute an acceptance. The contract is only concluded when the Organizer explicitly admits the applicant to the Convention and confirms this via email or otherwise in text form. If no confirmation of admission is received, no contract is formed; in this case, the applicant has no claim to participation or other services.
4.2 Inquiry Process (Gala):
The presentation of Gala tickets on the website does not constitute a legally binding offer, but rather an invitation to submit a binding inquiry via an online form. By submitting the form, the participant bindingly agrees to reserve a paid place at the Gala. Acceptance by the Organizer takes the form of a confirmation via email. Afterwards, an invoice will be sent to the participant. The contract becomes legally binding upon timely payment of this invoice. A shopping cart or immediate online payment is not provided.
4.3 Contract Language and Storage:
Contracts regarding tickets are concluded in the German language. The contract text is not individually stored by the Organizer. However, the currently valid version of the GTC is available on the website and can be saved and printed by the participant.
5. Prices and Payment
5.1 Prices:
The ticket prices for Gala tickets indicated on the website are understood as total prices per ticket in Euros and include the statutory value-added tax (gross prices), unless expressly stated otherwise. Since Convention tickets are free of charge, no fee is charged for them.
5.2 Due Date:
The purchase price for Gala tickets is due immediately upon conclusion of the contract. Payment is made using the payment methods offered during the ordering process (e.g., credit card, online payment service, or similar). The participant authorizes the Organizer or the commissioned payment service provider to collect the due amount via the chosen payment method.
5.3 Payment Processing:
Payment processing may be carried out by external service providers. The participant is responsible for ensuring that the specified payment method has sufficient funds. Invoicing: Upon request, the participant will receive an electronic invoice via email.
5.4 Payment Default:
In case of late or failed payment, the Organizer is entitled to terminate the contract (withdrawal) and allocate the tickets elsewhere. Statutory claims due to payment default (e.g., default interest) remain unaffected.
6. Ticket Delivery and Access to the Event
6.1 Ticket Dispatch / Provision:
Tickets are generally delivered electronically. After successful ordering (or, for Convention tickets, after admission), the tickets are sent to the participant via email to the address they provided. This can be done as a PDF ticket for self-printing and/or as a digital entry code (QR code or barcode) to be shown on a mobile device. Physical dispatch of hardcopy tickets only occurs if offered by the Organizer in individual cases and agreed upon accordingly. The participant is responsible for providing a valid email address and ensuring immediate access to their emails (including checking the spam folder). If the participant has not received the tickets within a reasonable time after ordering, they must contact the Organizer immediately.
6.2 Personalization:
All issued tickets are personalized and valid only for the named participant (cf. Section 3). Upon entry, the Organizer or staff may require the participant to present a valid identification document to verify identity and age. Misuse: If an unauthorized person attempts to gain entry with the ticket, or if a ticket is duplicated without authorization, the Organizer is entitled to refuse entry; the ticket loses its validity without any claim for a refund.
6.3 On-site / Admission:
Admission to the event is granted only upon presentation of a valid ticket (electronic or printed, as specified) at the entrance control. There, the participant may receive a non-transferable event badge or wristband, which must be worn during the event, especially to regain entry after temporarily leaving the event venue. The Organizer reserves the right to refuse entry or exclude from further participation any participants who behave aggressively towards others, particularly through violence or threats, are under the influence of alcohol or drugs, or carry prohibited items (especially weapons or dangerous objects). In such a case, there is no claim for a refund of the ticket price. The instructions of the Organizer and the security/orderly staff on-site must be followed. The applicable house rules of the event venue must be observed by the participant.
7. Changes, Cancellation, and Postponement of the Event
7.1 Program Changes:
The Organizer reserves the right to make reasonable changes to the event schedule, program, participating speakers/artists, or venue, provided these do not significantly affect the overall character of the event and the change is reasonable for the participant, considering the Organizer's interests. Such reasonable changes do not entitle the participant to withdraw from the contract or reduce the ticket price. In particular, deviations in the schedule or the replacement of individual program items do not justify a claim for a refund as long as they are objectively justified.
7.2 Event Cancellation:
Should the Organizer cancel the event entirely, holders of paid tickets (Gala tickets) will be refunded the ticket price paid. Further claims due to the cancellation (e.g., reimbursement of travel or accommodation costs, loss of earnings, missed vacation days) are excluded – unless otherwise regulated. For free Convention tickets, a cancellation does not establish any claims for compensation; there is no entitlement to the Convention being held. Section 9 ("Liability of the Organizer") applies accordingly to the exclusion. This means that the exclusion does not apply, in particular, in cases of gross negligence or intent, nor in cases of injury to life, body, or health in connection with the cancellation of the event.
7.3 Postponement / Date Change:
In the event of a postponement of the event (change of date or location), purchased tickets generally remain valid for the new date/location. However, if participation on the rescheduled date or at the alternative location is demonstrably unreasonable for the participant (e.g., because the new date cannot be attended considering the participant's legitimate interests), they may withdraw from the contract and demand a refund of the ticket price from the Organizer. In this case, the participant must declare the withdrawal within a reasonable period set by the Organizer after notification of the postponement.
7.4 Force Majeure:
If the event does not take place as planned due to force majeure or other circumstances beyond the Organizer's control (e.g., natural disasters, epidemics/pandemics, terror warnings, official orders, strikes, etc.), the Organizer is not liable for resulting damages or expenses incurred by participants. In these cases, the Organizer will endeavor to reschedule or find an alternative way to hold the event. If the event has to be cancelled without replacement, the regulations regarding cancellation (Section 7.2) apply.
8. Right of Withdrawal and Return of Tickets
8.1 No Right of Withdrawal:
For ticket purchases via distance selling, there is no statutory right of withdrawal or return for the participant as a consumer, as these are services related to leisure events on a specific date (§ 312g Abs. 2 Nr. 9 BGB - German Civil Code). This means that every order of Gala tickets relating to a specific event date or period is binding, and the participant cannot unilaterally withdraw from the contract. Withdrawal according to § 312g BGB is excluded, even if the booking is made online via the website.
8.2 Exclusion of Returns:
Purchased tickets are generally excluded from return and exchange by the Organizer. Cancellation or refund by the Organizer only occurs in the cases explicitly mentioned in these GTC (see especially Sections 7 and 9). Even in the case of non-utilization of the service (e.g., non-appearance of the participant on the event date, illness, or personal hindrance), there is no claim for a refund or substitute service.
9. Liability of the Organizer
9.1 Unlimited Liability:
The Organizer is liable without limitation for damages caused intentionally or by gross negligence by themselves or by a legal representative or vicarious agent, and for damages resulting from injury to life, body, or health. Furthermore, the Organizer is liable without limitation if they have exceptionally assumed a guarantee or fraudulently concealed a defect.
9.2 Limitation of Liability for Simple Negligence:
In the case of a breach of essential contractual obligations (cardinal obligations) caused by simple negligence, the Organizer's liability is limited to the typical, foreseeable damage for the contract type. This does not apply to claims for damages due to injury to life, body, or health. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the participant may regularly rely.
9.3 Statutory Liability Provisions:
Any liability under mandatory statutory provisions remains unaffected by the preceding limitations of liability – in particular, liability under the Product Liability Act (Produkthaftungsgesetz), where applicable. The foregoing liability regulations also apply accordingly in favor of the legal representatives, employees, and vicarious agents of the Organizer.
9.4 Exclusion of Liability for Third Parties:
The Organizer assumes no liability for services or actions of third parties that do not fall within their area of responsibility. This applies in particular to travel to and from the event arranged by the participant themselves, accommodation, as well as third-party services from partners or service providers at the event, unless these are explicitly designated as included services in the ticket price. Liability for legal representatives or vicarious agents remains unaffected.
10. Final Provisions
10.1 Applicable Law:
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident within the EU, the mandatory consumer protection provisions of their country of residence apply, provided they are more favorable than German law.
10.2 Place of Jurisdiction:
If the participant is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the Organizer's registered office (Berlin). Mandatory statutory provisions regarding jurisdiction for consumers remain unaffected.
10.3 Contract Language:
The language available for concluding the contract is exclusively German. Translations of these GTC into other languages are for informational purposes only. In case of discrepancies between the German and other language versions, the German version shall prevail.
10.4 Severability Clause:
Should any provision of these GTC be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory regulations. The same applies in the event of a regulatory gap.
10.5 Amendments and Written Form:
Amendments and additions must be made in writing to be effective. This also applies to the waiver or amendment of this written form clause. No verbal collateral agreements exist. The precedence of individual verbal contractual agreements between the parties according to § 305b BGB remains unaffected by this. The Organizer reserves the right to amend or supplement these GTC for future contracts; participants will be notified in good time on the website. 10.6 Consumer Dispute Resolution: The Organizer is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act (VSBG). EU Commission platform for online dispute resolution: ec.europa.eu/consumers/odr