The General Terms and Conditions govern the legal relationships between visitors to events and the Konzerthaus Berlin (KHB). They are part of the contract concluded by purchasing tickets for the KHB’s own events. By purchasing a ticket or a subscription series, these terms shall be considered agreed upon. They also apply to subscribers and members of visitor organizations, unless other rules have been agreed upon separately.
For other presenters’ events taking place at the KHB, the KHB may handle advance ticket sales at the presenter’s request, charging an advance sales fee. In this case the KHB sells tickets as the agent of, respectively by order and for the account of the presenter in question. By purchasing tickets, a contract governing attendance at the event is established exclusively between the purchaser and the presenter.
Third-party presenters may have rules regarding advance sales and orders differing from the KHB’s General Terms and Conditions (GTC). Details shall be governed by the “Guidelines for the Renting of the Konzerthaus Berlin”.
As the purchase of a ticket to an event establishes a legal relationship exclusively between the ticket purchaser and the presenter with regard to the event, the KHB accepts no liability for the fulfilment of claims against the presenter, nor does it accept any liability in cases of a presenter’s insolvency. Customers may only make claims arising from non-performance or faulty performance (faulty execution) against the presenter.
The opening hours of the ticket office at the Visitor Services in the northern foyer of the KHB will be announced by public displays. The evening box office windows in the entrance foyer of the KHB will open one hour before the event, for afternoon events at the Musikclub half an hour before the event, and in case of pre-concert talks 1 ¼ hours before the event is scheduled to begin. Visitors with disabilities may use the elevator which is accessible via the stage door.
Event programmes and start times of KHB presentations are announced in the Konzerthaus’s publications. All content is subject to change without notice. After an event has begun, visitors may be able to be seated in the hall, but without a claim to the exact seat they have purchased. There is no legal claim for late seating. If late seating is not possible, the visitor has no claim for a refund of the ticket price.
The KHB publishes the ticket prices for events via its publications and announces them at the box office windows.
For official accompanying persons of severely handicapped persons, admission is free; however, such persons require a free ticket. The various auditoria of the KHB offer a limited number of wheelchair places. The accompanying person will be placed as close to the wheelchair location as possible.
Certain groups of persons are entitled to discounts on the ticket prices upon presentation of valid identification at the evening box office, subject to availability. Reasons for entitlement to a discount must be stated before a ticket is purchased. Discounts cannot be granted after a purchase has been made. Any person using a discounted ticket must be able to present the appropriate identification to the ticket-takers. If such an identification cannot be provided, the difference between the discounted ticket and a full-price ticket may have to be paid.
Information about available discounts and the amount of such discounts is available from the box office.
For children’s events presented by the Konzerthaus Berlin, discounted children’s tickets will be offered during advance sales. Children under the age of 3 are generally excluded from attending concerts.
The KHB sells gift vouchers which may be used to pay for tickets to the KHB’s own presentations. Specific events or seats cannot be guaranteed. Gift vouchers are valid until the end of the third year after the date they are issued. Gift vouchers cannot be paid out in cash, neither in full nor partially. If a gift voucher is partially redeemed, a new voucher will be issued for the remaining sum, which shall be valid according to the rule stated above.
6.1. Advance Ticket Sales and Evening Box Office
Advance sales for the KHB’s own events begin on a specific date for the entire season, or a specific period of time, at the box office at the Visitor Services area, via phone, or online via Konzerthaus.de. The conditions for advance ticket sales are determined by the KHB’s publications. Due to written advance reservations and subscriptions, individual events may be sold out when the general ticket sales begin. If high demand is expected, the KHB reserves the right to limit the number of tickets sold to any individual buyer. Persons with severe handicaps may be given preferential treatment. Standing-room tickets are not offered for every concert and not during advance ticket sales.
The evening box office sells only tickets for the event in question.
Ticket buyers are obliged to check that they have received the correct tickets and correct change immediately. Complaints after a purchase has been completed will not be accepted.
6.2. Internet Ticket Sales
Tickets for the Konzerthaus Berlin’s own events can be purchased via www.konzerthaus.de and its integrated online shop. The Konzerthaus reserves the right to change the events and seats offered via online sales at any time and without special notice, or to interrupt or terminate such sales at any time.
During online ticket sales, the offer to conclude a contract is made by the buyer. The buyer receives an email confirming the ticket sales once payment has been authorized. By confirming the ticket sale via email, the KHB accepts the buyer’s offer. Inasmuch as the KHB offers services in the field of leisure activities (tickets to events), § 312g Section 2 No. 9 of the German Civil Code (BGB) applies, i.e. the right of withdrawal is excluded.
An online service fee is charged for each ticket. Payments may be made via any of the methods accepted by the KHB.
Ticket sales via postal service is an option offered up to 7 calendar days before the date of the event for addresses in Germany, and up to 20 days before the date of the event for foreign addresses. In these cases, a service and shipping fee will be charged on top of the ticket purchase. Tickets are mailed at the risk of the buyer. The Konzerthaus Berlin also offers other options to receive tickets, i.e. the print@home procedure and mobile tickets. The buyer prints ticket(s) booked online at home on his printer, using A4 paper. Only good printing quality guarantees that the barcode can be read by the scanner. The customer is not entitled to reproduce, copy or change the printed ticket. The ticket can only be used for one admittance. The barcode on the ticket is invalidated as soon as it has been scanned once. Print@home tickets or mobile tickets should be safeguarded by the customer like cash or regular tickets in order to prevent misuse. The Konzerthaus Berlin accepts no liability for loss and/or misuse of tickets.
6.3. Exchange or Return of Tickets
Tickets cannot be returned or exchanged, as a rule. Changes to the programme and/or cast do not justify any claim for the return or exchange of tickets. In exceptional cases, tickets for the KHB’s own presentations which were purchased through the Visitor Services desk can be returned until 3 days before the day of the event, in exchange for a gift voucher for the value of the tickets. A cancellation fee applies. The gift voucher can be used for the purchase of tickets for other KHB presentations during the current season. The voucher cannot be paid out in cash.
Unused tickets will not be refunded after the date of the event.
6.4. Loss of Tickets
In cases of lost tickets, the evening box office can issue a substitute ticket once, for a service fee, if the visitor can prove or show credibly which event and which seat was purchased. In this case, the original ticket loses its validity. The substitute ticket will be marked as such.
6.5. Passing on Tickets
Commercial resales of the KHB’s tickets are not permitted. This does not apply to partners whose business also includes ticket resales or running a ticket agency, or whose bylaws include the passing on of tickets to its members or other groups of tickets (external ticket sales points, travel agencies and other ticket sales points, internet portals of cooperating partners etc.). In such cases, the general terms and conditions of the partners apply, which may differ from the KHB’s terms (e.g. regarding fees) and for which the KHB accepts no responsibility.
Offering tickets for sale inside or in front of the KHB is prohibited.
6.6. Ticket Reservations
From the start of ticket sales, reservations may be made for all the events offered at KHB, subject to availability.
Written ticket requests (by letter / fax / email) will be fulfilled in the order they were received. Customers will receive a reservation confirmation stating a payment deadline. Ticket orders via phone will be accepted as soon as tickets are on sale.
Tickets that have been paid for may be sent to the customer by mail; a service and shipping fee applies. Tickets are mailed at the customer’s risk. If the period remaining before the date of the event is too short for mailing (7 calendar days and less within Germany, 20 calendar days and less outside of Germany), paid tickets will be left at the evening box office and can be picked up until the time the event begins.
If purchased tickets are not picked up, the customer has no claim for substitution.
6.7. Payment Methods
Tickets may be paid for by any payment method accepted by the KHB.
6.8. Cancelling a Reservation Contract
If reserved tickets are not paid for within the deadline stated, the KHB has the right to offer them for sale to other customers, without any substitution. If partial amounts have been paid, these will be refunded.
6.9. Cancellation or Postponement of Events
If an event is postponed, tickets already purchased lose their validity and will be exchanged. Only tickets purchased at the KHB’s ticket office or via Konzerthaus.de can be returned for a refund within 14 days after the cancelled or postponed event, and the purchaser must provide a bank account. The value of the tickets will be refunded by bank transfer. Mailing costs or other expenses will not be refunded. Further claims are excluded. If the tickets were purchased from an external ticket sales point, all claims and requests must be addressed to that ticket sales point, presenting or mailing in the tickets in question.
Refunds will not be made for events which are stopped or cancelled after half of the regular concert duration or after the interval (if an interval is scheduled) has passed. In case an event is cancelled before half of the concert time has elapsed, the rules and regulations stated above shall apply accordingly.
The KHB reserves the right to alter an event’s programme or cast for organizational or artistic reasons. The KHB has the right to expand or modify the available seating.
The KHB reserves the right to decide upon other or complementary rules for ticket sales. Such modifications will be published by the KHB or posted as a notice at the ticket sales windows.
Personal data of customers will be collected and stored to the extent necessary to initiate and execute the purchase contract, and in keeping with data protection laws. Within this framework, the Konzerthaus Berlin also uses the data for customer service purposes and to inform customers about further offers of the Konzerthaus. Data will only be shared with third parties inasmuch as necessary to fulfil contractual obligations. The Konzerthaus assures its customers that the Konzerthaus Berlin and such third parties as are necessary to fulfil the contract will keep such data strictly confidential and use it only to the extent described here.
The customer has the right to protest the collection, processing and storage of personal data, and to demand the blocking of disputed data, the deletion of data which have been stored in violation of data protection laws or which are no longer necessary, and the correction of incorrect data.
8.1. General Terms
Subscriptions are governed by the following rules and regulations, which the subscriber acknowledges by purchasing a subscription.
In principle, subscriptions may be issued to natural and legal persons.
8.3. Duration and Price of the Subscription
A subscription to the KHB is valid for one season. It will be renewed automatically if one of the contractual partners does not terminate the subscription in writing by March 31 of the following year, unless it is a one-time subscription only. Subscribers will be informed in time about the dates, programmes and prices for the following year.
The subscription price depends on the price category of the seat for which the subscription is valid. The subscription price includes all service fees (including shipping fees).
8.4. Payment Methods
Once ordered, subscriptions will remain reserved until the payment deadline.
Payment methods for customers picking up their subscription tickets personally: one-time payment at the ticket window at Visitor Services, either in cash or using the credit or debit cards accepted by the KHB.
Payment methods for subscription tickets shipped by mail: direct debit via SEPA either in one payment or three instalments, one-time payment via bank transfer, or one-time payment via credit card, in which case the subscriber must inform the KHB of the credit card’s number, date of expiry, and security number, either in writing or by phone.
8.5. Mailing of Tickets
Subscription tickets will be mailed after payment has been received, at the latest one week before the first concert of the subscription series in question. The Konzerthaus accepts no liability for any loss of subscription tickets in the mail.
8.6. Exchange and returns
In principle, subscription tickets cannot be exchanged or returned. In justified exceptions, subscription tickets may be returned up to three days before the concert date and transformed into a gift voucher. A service fee applies. The gift voucher can be used for the purchase of tickets for other KHB presentations during the current season.
8.7. Changes, Postponements
The KHB reserves the right to change the programme and/or cast for organizational or artistic reasons; such changes do not justify a claim to return or exchange subscription tickets. In case a concert date is postponed, tickets may be exchanged for a concert of another subscription series, subject to availability.
8.8. Transfer of Subscription, Change of Name, Address or Bank Information
Any wish to transfer a subscription to a third party must be communicated in writing. The KHB must be informed immediately and in writing about changes to a subscriber’s name, address or bank account information.
8.9. Passing on Subscription Tickets
Commercial resales or offering subscription tickets for sale inside or in front of the Konzerthaus are not permitted.
8.10. Loss of Subscription Tickets
In cases of lost subscription tickets, a substitute ticket may be issued upon presentation of an official photo ID. In this case, the original ticket loses its validity. A substitute ticket fee applies.
If you are a consumer (i.e. a natural person placing an order for purposes which are not mainly related to their commercial or independent professional activities), you have a right of withdrawal in accordance with the law.
This right of withdrawal applies for purchase contracts for goods (e.g. vouchers) which are concluded pursuant to the Distance Selling Act (the German “Fernabsatzgesetz”), i.e. via phone or the internet. This right does not apply for contracts regarding services in the leisure sector, where a fixed date is agreed upon for the services (e.g. tickets to events).
9.1 Information on the Right of Withdrawal
You may withdraw from a purchase contract concluded in accordance with the Distance Selling Act (via phone or the internet) within 14 days without identifying any reasons. The period in which this right can be exercised is 14 days from the day you – or a third party named by you who is not the shipping agent – have taken possession of the goods. In order to exercise your right of withdrawal, you must inform the seller (Konzerthaus Berlin) by means of a clear statement (e.g. by letter, fax or email or phone) of your decision to rescind the contract. If you choose to exercise this right, we will send you a confirmation of the receipt of your withdrawal without delay (e.g. via email). In order to comply with the deadline for withdrawal, it is sufficient that you send the notice of withdrawal before the deadline.
The withdrawal notice must be addressed to:
Konzerthaus Berlin, 10106 Berlin
Phone: +49 30 20 30 9 2000
Fax: +49 30 20 30 9 2233
9.2 Consequences of Withdrawal
In the case of withdrawal from the purchase contract, we are obliged to return all payments we have received from you, including shipping costs (with the exception of additional costs resulting from your decision to choose a different form of delivery than the cheapest standard delivery option offered by us), without delay and at the latest within 14 days from the date we receive your notice of withdrawal from this contract. Repayments will use the same means of payment you chose for the original transaction, unless something else has been expressly agreed upon; under no circumstances will you be charged fees for such repayment.
We are entitled to refuse to return your payment until we have received the goods you are returning, or until you have delivered proof of shipment for the return of the goods, whichever happens first. You are obliged to send or deliver the goods back to us without delay, at the latest within 14 days from the date on which you notify us of your decision to rescind the contract. This deadline shall be considered met if you send the goods off before the period of 14 days has expired.
You shall bear the immediate shipping costs for the return of the goods. You will only have to cover any loss of value of the goods if such a loss of value is due to a treatment of the goods which is not necessary in order to examine the nature, characteristics or functioning of the goods.
10.1. “Mein Konzerthaus“
The Konzerthaus Berlin offers the free online area “Mein Konzerthaus”, featuring numerous preferential offers from the Konzerthaus Berlin and various partners.
By registering for “Mein Konzerthaus”, you declare your consent to the KHB occasionally informing you about special ticket offers of artistic events via email or mail, although these shall be displayed primarily in the “Mein Konzerthaus” area.
Upon first registration, you will be assigned a customer account to use the KHB’s online shop and the online area “Mein Konzerthaus“. Your customer number can also be used to buy tickets at the Konzerthaus box office or via telephone. Please avoid multiple registrations.
Offers and Discounts
The KHB reserves the right of error in displaying content in “Mein Konzerthaus”; any legal recourse is hereby excluded. Individual discount codes are non-transferable and are limited to the customer number of the account registered in “Mein Konzerthaus”. All offers are ordinarily limited to the member of “Mein Konzerthaus” and one companion. Individual discount codes and general discount codes can only be used once and are limited in duration.
Wishlist and Reminder Function
Your wishlist is a service allowing you to mark concerts that interest you in the concert calendar. This does not imply or generate a claim for tickets, especially when events are sold out.
The reminder function is an automated service, which, however, does not imply priority or a place on the waitlist.
The goal of “Mein Konzerthaus” is to win you as a long-term, regular customer. Therefore, we would like to reward you with a personal customer card – the Konzerthaus Card premium – after you have purchased tickets to four KHB productions. The Konzerthaus Card premium will be mailed to you free of charge for the next season.
This upgrade to premium customer is only guaranteed if you use only one set of login information and do not register multiple times.
10.2. Konzerthaus Card premium
Registered users of "Mein Konzerthaus" and owners of the Konzerthaus Card (until the end of the 2018/19 season) who purchase tickets for at least four of the Konzerthaus’ own presentations within one season will receive the Konzerthaus Card premium for the following season. The Konzerthaus Card premium includes all the advantages of the Konzerthaus Card, but also entitles its owner to buy discounted tickets for the Konzerthaus’ own presentations, as well as other exclusive offers and benefits. Services and benefits are ordinarily limited to the card owner and one companion. The Konzerthaus may choose to grant discounts only for individual tickets in certain price categories. The Konzerthaus Card premium cannot be combined with other discounts. Previously purchased tickets cannot be discounted after the fact.
The Konzerthaus Card premium is non-transferable. It is tied to the customer number and valid for one season.
10.3. General Conditions for Participation and Data Protection
Offers and benefits are subject to availability. The personal data related to participation in the customer card programme are subject to data protection laws and regulations. They will not be passed on to third parties and will be used only for purposes of administering the programme. Participation can be cancelled at any time. Paragraph 7 (“Storage and Use of Data”) applies accordingly.
11.1. Exercising Domestic Authority
The Artistic Director and the Managing Director exercise the domestic authority for the premises of the Konzerthaus. This authority is also exercised by the evening supervisors, the front-of-house staff, the ticket office staff and other persons who have been accordingly authorized. All visitors must follow the instructions of these persons. Visitors may be excluded from events if there is a reasonable suspicion that they may disrupt the event or disturb other visitors. A person who has failed to comply with the General Terms and Conditions may also be excluded. Persons hindering or disrupting the sales of tickets or disturbing the audience may be removed from the premises. Visitors may be removed from ongoing events if they disrupt such events or disturb other persons. In such cases, they will have no claim for the refund of their ticket price.
In cases where a general ban from the Konzerthaus has been pronounced, this applies to all current and future events held at the KHB. The person in question may request such a ban to be lifted; such requests must be made in writing, stating the reasons for the request, and the KHB will adjudicate such requests within three months.
11.3. Occupation of Seats
Visitors must occupy the seat indicated on their ticket for the event in question. If a visitor occupies another seat than the one indicated on the ticket without permission, the KHB may charge the difference in value between the occupied seat and the value of the ticket, or require the visitor to occupy the seat indicated on the ticket, or remove the visitor from the event. All visitors must follow the instructions of the KHB staff or any firms engaged to ensure compliance with the House Rules.
Children under the age of three are not permitted to attend concerts (including children’s concerts). Only children aged 8 or up are generally admitted to “Junior” events not especially marked as such.
Smoking is prohibited within the KHB (this also applies to E-cigarettes). The corresponding signage must be heeded. Smoking is permitted only in the outside areas and on the open-air staircase.
11.6. Drinks & Food
Visitors are not permitted to bring food and drinks into the KHB. Food and drinks offered within the KHB may not be brought into the concert halls, unless other information is published for individual events.
In order to ensure the security of events, bags, containers and clothing such as coats, jackets and cloaks may be checked by Konzerthaus or by its agents for contents. Any objects, substances and materials which may endanger the security of persons or might have a negative effect on the smooth running of the event may not be brought into Konzerthaus. Visitors who refuse to consent to the safeguarding of objects which may endanger the event or its visitors will be excluded from the event. Visitors excluded for this reason have no claim for a refund of their ticket price. Depending on the nature of the event, it may be prohibited to bring bags and similar containers or bulky items into the auditorium.
In cases of fire or other dangerous situations, visitors must leave the performance venue resp. the KHB immediately and via the most direct route, using the exits and emergency exits marked. In such cases, checked items will not be returned before evacuation. Visitors must follow the instructions of service staff or other persons authorized by KHB, without exceptions.
The Konzerthaus is liable for damages to life, body and/or health. For other damages, the Konzerthaus is liable if such damages were caused on purpose or through gross negligence. If other damages are due to simple negligence concerning a material obligation (i.e. a mutual obligation of which the customer may trust that it is observed, and which is essential for the contractual obligations to be fulfilled), the Konzerthaus is liable to the extent of the foreseeable damages typical for such contracts. These liability rules also apply to the liability of legal representatives and agents appointed by the Konzerthaus.
In principle, visitors attending events are obliged to check their outerwear as well as umbrellas, bags and other containers exceeding the size of DIN A4 or a breadth of 10 cm, at the cloakroom. All items can be checked in the foyers free of charge. However, the Konzerthaus reserves the right to charge a cloakroom fee.
Checked items are insured in accordance with the insurance terms and conditions posted at the cloakrooms, by the firm retained to provide visitor services. Cash, jewellery, other valuables and keys are excluded from liability. Damages or loss of checked items must be reported to the cloakroom attendants immediately.
Checked items will be handed to any person presenting the cloakroom ticket, without verification of that person’s entitlement.
If a cloakroom ticket has been lost, items will only be handed over to persons showing photo ID after paying a fine of 15,00 Euros. After concerts without a subsequent reception or similar post-concert events, the guest must wait until all other coats and items have been distributed.
Items of any kind found at the KHB must be handed to the ushers or the cloakroom attendants. Any lost items should be reported to the same persons. Further treatment of found items shall be governed by the regulations of §§ 978ff. of the German Civil Code (BGB).
Mobile phones and other technical equipment emitting acoustic signals must be switched off during events.
Video and/or audio recordings and photography by any electronic means are strictly prohibited during all events. This also applies for recordings made only for private use. Noncompliance is punishable in accordance with the Copyright Law (Urheberrechtsgesetz). Unauthorized recordings may lead to liability (§ 97 of the Copyright Law). In cases of noncompliance, the KHB reserves the right to confiscate recording devices or cameras and to keep them safe until their owner has agreed to delete the recording. The KHB accepts liability for confiscated items in its safekeeping only to the extent that such damage was caused on purpose or through gross negligence.
The KHB reserves the right to make or permit third parties to make audio and/or video recordings or broadcasts of individual events. The KHB is entitled to use such footage, specifically including the right to copy, disseminate, show it publicly or make it accessible to the public.
By purchasing tickets and attending the event, visitors declare their consent to potentially being recorded and such recordings being used as described above, without any claim to remuneration, unless an individual visitor has a justified interest to the contrary.
These General Terms and Conditions take effect on March 26, 2019, replacing the previous General Terms and Conditions.
Should a clause of these General Terms and Conditions become invalid, this shall not affect the legal validity of the other clauses.
Berlin, 26 March 2019
Prof. Dr. Sebastian Nordmann, General Director
Janina Paul, Executive Director