Terms and Conditions

General Terms and Conditions of Business

 

A) Validity of all business transactions between SE and the Client

1. Contractual partners

2. Offer and conclusion of contract

3. Prices and consignment costs

4. Payment

5. Other clauses

B) Validity for the acquisition of individual concert tickets

1. Date of due payment; reservation

2. Rights of revocation and return

3. Minimum number of participants

4. Liability limitations

C) Validity for the acquisition of Hotel Package Offers comprising concert tickets and overnight accommodation with or without participation in an exclusive “Extra Program” and for the acquisition of individual concert tickets in conjunction with participation

1. Travel contract; guarantee

2. Due date of payment; payment by instalment; deposit

3. Minimum number of participants

4. Rights of revocation and return

5. Withdrawal / termination

6. Limitation of liability

 


 

Further Information

Order transaction

Contract wording

Notes on the booking process and agency for the Mallorca Smooth Jazz Festival

Notes on the booking process and agency for the Smooth Jazz Festival Augsburg

Notes on the booking process and agency for the Algarve Smooth Jazz Festival

 

 

General Terms and Conditions of Business

 

smooth entertainment gmbh (hereinafter “SE”) is the organizer of the offered events and in its own name and at own account, offers the following services

- Individual concert tickets

- Individual concert tickets and participation in an exclusive program

- hotel package comprising concert tickets and overnight accommodation

- hotel package comprising concert tickets and overnight accommodation and participation in an exclusive program of extra events.

Individual hotel accommodation and participation in an exclusive program of extras without respective ticket acquisition are not offered by SE .

The following to all existing business transactions between SE and its clients.

In addition, the General Terms & Conditions of Business set forth under B) for the acquisition of individual concert tickets and under C) are applicable for the acquisition of hotel package offers comprising concert tickets and overnight accommodation with or without participation in an exclusive program of extras and also individual concert tickets in conjunction with participation in an exclusive program of extras.

A. Scope of application for all business transactions between SE and the Customer

The following Terms & Conditions of Business apply to all contracts, deliveries and performance of SE .

1. Contractual Partner

The Contract for the booked services is entered into with smooth entertainment gmbh, Perzheimstr. 48, 86150 Augsburg, Germany, Commercial: District Court of Augsburg, Registration No. HRB 23385, tax ID number: 103/137/51029. For all queries or in the case of complaint you can contact our Customer Service on work days from 9:00 a.m. to 6:00 p.m. under the telephone number +49 (0)821-2292711 or by e-mail under shop@smooth-entertainment.de.

2. Offer and conclusion of contract

2.1 The service offer of SE in the Online-Shop is not a legally binding offer but is an offer for the submission of an order.

2.2 When you click the button [“binding order“] then this becomes a binding order for the services listed on the order website. The binding order then comes into force when the order is then confirmed by e-mail directly after receipt of your order.

3. Prices and dispatch costs

3.1 The prices stated in the Online Shop contain the legally valid sales tax and all other price components.

3.2 Prices for tickets may be more than the prices printed on the tickets.

3.3 All due dispatch costs and service fees are stated in the shopping cart system and also clearly indicated on the order page. You can correct your details and your order at any stage of the ordering process.

4. Payment

4.1 Payment can be made as payment in advance, by PayPal, credit carte or SEPA-direct debit.

4.2 If the option “Prepayment” is selected, we shall send you our bank details in the confirmation of order.

4.3 Charges for the selected method of payment are stated in detail in the Shop.

4.4 You will receive a confirmation of receipt for all payments received.

5. Other clauses

5.1 The law of the Federal Republic of Germany is valid exclusive of UN Sales Convention (CISG). The contracts for the acquisition of individual concert tickets or travel arrangements (see C) are not subject to the provisions of distance contracts pursuant to § 312 section 2 No. 4 a BGB [German Civil Code].

5.2 Pace of Performance for delivery, service and payment is Augsburg, insofar as the Customer is an Entrepreneur under the terms of § 14 BGB.

5.3 The visitor agrees irrevocably to the unpaid creation and use of his image and his voice under the framework of photographs, live broadcasts, later transmissions or recordings on video and audio by the organizer or third parties in connection with the event. Likewise, the visitor agrees irrevocably to the subsequent unpaid use of the recordings in all current and future media (for example audio-visual media, whether analog or digital and including internet).

5.4 The organizer cannot exclude program changes (changes to the cast or the start and end times). In case of cancellation of performers or groups of artistes, the organizer shall endeavor to find an appropriate replacement. Visitors are not entitled to claims on the basis of changes in cast or in the start and end times.

5.5 Invalidity of any individual provision of this Agreement does not affect the validity of the remaining Agreement.

 

B) Scope of validity for the acquisition of individual concert tickets

Should the Customer acquire individual concert tickets without any further services such as e.g. participation in an exclusive additional program or program with hotel accommodation then the terms and conditions listed under A) are also subject to the following conditions:

1. Due date of payment; Instalment payments, advanced payment

1.1 The price for the order of individual concert tickets is payable immediately after you receive the confirmation of order. In the case of payment by credit card – with the right of reservation of instalment payment (see B.1.2) - PayPal or SEPA- direct debit your bank account will be charged immediately after confirmation of receipt of order. Payment in advance requires that you payment of the price has been received in our account at the latest by 10 days after receipt of the confirmation of order.

1.2 In the case of a total order of over € 750.00 we offer you the possibility of payment by credit card with 3 equal payments. This possibility of instalment payment can be selected in the shopping cart order. The 1st instalment payment (1/3 of the total order value) is payable on receipt of confirmation of order; the 2nd instalment payment (1/3 of total order value) is due at the half time of access to order confirmation and events and the 3rd instalment (1/3 of the total order value, 1 month prior to the Event. The respective amount will be deducted from your credit card as stated, in accordance with the given dates.

1.3 We do not send your individual concert tickets to you but these will reserved in your name at the box office or the reception office of the event location in the evening; In order to collect your concert tickets, please provide proof of payment together with a personal ID or passport.

2. Right of revocation or return

Insofar as SE offers services in the field of leisure activities, in particular entrance tickets to events then pursuant to § 312 g section 2 No. 9 BGB, there is no right of revocation or return since the contracts are entered into on the grounds of the provision of tickets for a specific date or period of time. All orders for individual concert tickets are thus binding immediately after the sending out of confirmation of order by SE and subject to obligation to take and pay for the ordered concert tickets.

3. Minimum number of participants

If for a certain event there is a specified minimum number of participants as made known by SE at the time of ordering, then if the minimum number of participants has not been attained, SE is entitled to withdraw from the contract at the latest by 10 weeks prior to the beginning of the event and will send out notification of withdrawal. At the same time the price paid will be refunded to you immediately.

4. Limitation of liability

SE undertakes liability only in the case of intent or gross negligence in any infringement of immaterial contractual obligations. In the case of infringement of essential contractual obligation as a result of minor negligence, liability is limited to foreseeable average damage typical for the contract; this also applies in the case of slight negligence of obligation on the part of the legal representatives or those assisting in performance of contract by SE. The above limitations of liability do not apply in the case of claims by the customer in respect of product liability. Further, the limitations of liability are not valid in the case of life and limb hazards or loss of life attributable to SE.

 

C) Validity for the acquisition of hotel packages comprising concert tickets and overnight accommodation with or without participation in exclusive additional programs and for the acquisition of individual concert tickets together with participation in exclusive additional programs

Should the Customer acquire hotel packages comprising concert tickets and overnight accommodation with or without participation in an exclusive additional program or individual concert tickets in conjunction with participation in an exclusive additional program the following conditions are valid as well as the general terms & conditions described under A).

1. Travel agreement; securing certificate

The acquisition of hotel packages comprising concert tickets and overnight accommodation with or without participation in an exclusive additional program and the acquisition of individual concert tickets in conjunction with participation in an exclusive additional program constitutes a travel contract as set forth in §§ 651a ff. BGB. On conclusion of the agreement or immediately afterwards you will receive confirmation of travel and securing certificate pursuant to § 651r BGB; confirmation of travel and securing certificate are delivered in writing or via electronic medium.

2. Due payment of travel price; instalment payments, advanced payment

2.1 The travel price is due for payment immediately after receipt of the securing certificate, pursuant to § 651r BGB. For payment by credit card – with reservation of the agreement on an instalment payment (see also C.2.2) - PayPal or SEPA direct debit the deduction will be made from your account immediately after your receive the confirmation of order together with the securing certificate. In the case of advance payment, the price must be received into our account by the latest 10 days after receipt of the confirmation of order and the securing certificate.

2.2 For a total amount over €750.00 we offer you the possibility to pay by credit card in 3 instalments of equal value. This option can be selected in your shopping cart during the ordering procedure. The first instalment payment (1/3 of total order value) is due for payment as soon as you receive the confirmation of order and securing certificate, the second instalment payment (1/3 of total order value) midway between receipt of confirmation of order and securing certificate and the event and the 3rd instalment payment (1/3 of total order value) 1 month prior to the event. The amount will be charged to your credit card at the respective due date of payment.

2.3 We will not send you the concert tickets and vouchers or other components of the travel package but instead we will leave these for you in your name at the reception desk of the booked hotel; to collect the concert tickets, vouchers and other components of the travel package you will need to show the confirmation of payment that you have received, together with your ID card or passport.

3. Minimum number of participants

If for a certain event there is a specified minimum number of participants as made known by SE at the time of ordering, then if the minimum number of participants has not been attained, SE is entitled to withdraw from the contract at the latest by 10 weeks prior to the beginning of the event and will send out notification of withdrawal. At the same time the price paid will be refunded to you immediately.

4. Right of revocation or return

Insofar as SE offers services for purposes other than accommodation or in the field of leisure activities, in particular entrance tickets to events then pursuant to § 312 g section 2 No. 9 BGB, there is no right of revocation or return since the contracts are entered into on the grounds of the provision of tickets for a specific date or period of time. All orders comprising concert tickets and overnight stay with or without participation in an exclusive additional program and for individual concert tickets with participation in an exclusive additional program are thus binding immediately after the sending out of confirmation of order by SE.

5. Withdrawal / cancellation

5.1 The customer is entitled at any time to withdraws from the travel he has booked (order of a hotel package  comprising concert tickets and overnight stay with or without participation in an exclusive additional program and for individual concert tickets with participation in an exclusive additional program) at any time prior to the start of his travel.

5.2 Should the Customer withdraw from the travel agreement, SE as the travel organizer loses its claim to the agreed travel price. SE can however, demand a reasonable compensation. The amount of compensation is based on the price of the travel arrangement after the deduction of the value of expenditure not incurred to SE as the travel organizer and which SE can acquire elsewhere through other utilization of the travel services. If one or more admission tickets are included in the booked travel event (hotel package  comprising concert tickets and overnight stay with or without participation in an exclusive additional program and for individual concert tickets with participation in an exclusive additional program) as part of the total price, the total price printed on the admission ticket is not taken into account under the calculation of expenditure saved, i.e. for admission tickets, the cancellation charge is basically always 100%.

5.3 SE is entitled to withdraw from the travel agreement and to demand the agreed travel price if the Customer, after receiving the securing certificate fails to pay the due travel price in full despite a reasonable period of notice.

6. Limitation of liability

Liability of SE for damages which are not physical damages are limited to three timest he amount of the travel price insofar as any damage suffered by the traveler is not attributable to intent or gross negligence or insofar as SE is responsible for damage incurred to a traveler solely on the grounds of a fault on the part of a service provider.

 


Further Information


Order transaction
When you have found the product of your choice, you can transfer it to your shopping cart by clicking on the button [add to shopping cart] without obligation. You can check the contents of your shopping cart any time and non-committal by clicking on the button [to shopping cart]. The products in the cart can be deleted by clicking the [delete] or the [waste basket symbol] any time. When you want to buy the products in your shopping cart, click on the button [to checkout]. Please then enter your data. The obligatory fields are marked with an asterisk *. Registration is not mandatory. Your data are processed in an encoded form. After you have entered your data and chosen your method of payment you reach the ordering form by clicking [continue], where you can check your details again. By clicking on the button [place your order], you conclude the order transaction. The process can be discontinued at any time by closing your browser window. You will receive additional information e.g. on correction possibilities on the respective pages.

Contract text
The contract text is stored on our internal systems. The general terms and conditions are always available on this page for reading or printing out. Your ordering data and the general terms and conditions will be sent to you by email.

 


Notes on the booking process and agency for the Mallorca Smooth Jazz Festival

 

Service Providers:

  • Service provider and contractual partner for the ticket sales and responsible for the contractual implementation of the concert on site is: Smooth entertainment GmbH, Perzheimstrasse 48, 86150 Augsburg, Germany.
  • Service provider and contractual partner for hotel overnight stays is: Protur Biomar Gran Hotel & Spa, C/. Baladres 5, 07560 Sa Coma - Mallorca, Spain and/or Sa Coma Playa Hotel & Spa, C/. Liles, 07560 Sa Coma - Mallorca, Spain.

 

 


Notes on the booking process and agency for the Smooth Jazz Festival Augsburg

 

Service Providers:

  • Service provider and contractual partner for the ticket sales and responsible for the contractual implementation of the concert on site is: Smooth entertainment GmbH, Perzheimstrasse 48, 86150 Augsburg, Germany.
  • Service provider for hotel overnight stays is: Dorint An der Kongresshalle Augsburg, Imhofstraße 12, 86159 Augsburg, Germany.

 

 


Notes on the booking process and agency for the Algarve Smooth Jazz Festival

 

Service Providers:

  • Service provider and contractual partner for the ticket sales and responsible for the contractual implementation of the concert on site is: Smooth entertainment GmbH, Perzheimstrasse 48, 86150 Augsburg, Germany.
  • Service provider for hotel overnight stays is: VILA VITA PARC, Rua Anneliese Pohl, Alporchinhos, 8400 - 450 Porches, Portugal.