- 1 Subject Matter of the Contract and Definitions
- 1.1 The "Internationales Dokumentarfilmfestival München e.V. ", represented by the Managing Director Daniel Sponsel, Dachauer Str. 116, 80636 München, Amtsgericht München VR 17621, (hereinafter referred to as "Organiser" or "Provider") organises the "DOK.fest München 2022", from 04-15 May 2022 at the Munich venues and from 09-22 May 2022 online for viewing (hereinafter: "DOK.fest München 2022") and offers end customers (i) a video on demand service (hereinafter referred to as "VoD Service"), which enables the use of selected films and other audiovisual content (hereinafter referred to as "Content") by way of video on demand against payment of a fee or free of charge, and (ii) attendance of screening and events on site (in particular, but not limited to, screenings of Content), hereinafter referred to as "Events", against payment of a fee or free of charge.
The Events are hosted by the Organiser unless otherwise stated in the details.
The Organiser is the provider of the VOD service. The VOD service is available as an embedded player ("Embed Player").
The contractual partner of the End Customer for Events and for the VOD Service is the Organiser.
The VOD Service is handled by PANTAFLIX Technologies GmbH ("PANTAFLIX"), Neue Schönhauser Straße 16, 10178 Berlin, Amtsgericht Charlottenburg, HRB 172999 B, on behalf and for the account of the Organiser.
In the case of the sale of tickets (against payment or free of charge) ticketing is handled by CodeKarussell UG (haftungsbeschränkt), Vogelsanger Straße 20, 50823 Köln, Amtsgericht Köln HRB 82543 B ("rausgegangen") on behalf and for the account of the Organiser.
- 1.2 Anti-Discrimination
The Organiser does not tolerate or condone any form of favouritism, offensive or abusive language, discrimination, exclusion, violence, insult or harassment on the grounds of gender, origin, ethnicity, religious belief, colour, sexuality, gender identity, disability or age.
- 1.3 Definitions
"Video on Demand" or "VoD" means the exploitation of the Content by way of making it available to the public within the meaning of Section 19a German UrhG, i.e. the right to make the production available to members of the public by way of on-demand.
"Streaming" means the simultaneous use of the Content by End Customer unchanged with the transmission, without a permanent copy of the Content being created on the End Customer end devices.
"Consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.
"Accredited Guests" are industry guests of DOK.fest München 2022 including its platforms and sections who have received accreditation from the Organiser. There are different types of accreditation with different scopes of services and use.
- 1.4 Ticket Categories
"Single Ticket" means the entitlement to attend a specific Event designated upon purchase of the Ticket by End Customer for a fee or free of charge.
"Festival Pass" includes "Festival Pass Online" "Festival Pass Cinema" and/or "Festival Pass Dual".
"Festivalpass Dual" refers to the combination of "Festivalpass Online" and "Festivalpass Kino".
"Accredited Guests": The scope of the authorisation to use the Content or other offers provided by the Organiser are described in the accreditation. Accredited Guests must authenticate themselves on the website of the Provider.
- 2.2 Deviating or supplementary terms and conditions of the End Customers shall not apply unless they have been accepted in writing by the Provider.
3 Conclusion of Contract
- 3.1 Conclusion of the VOD Service Sontract: For the conclusion of a contract on the use of the Content provided within the framework of the VoD Service between the Provider and the End customer (hereinafter referred to as the "Contract of Use"), the End Customer must enter the requested data completely and correctly via the input mask provided by the Provider for this purpose and carry out any age verification procedure that may be required (if age verification is required, the End Customer's offer to conclude a contract of use is subject to the successful completion of the age verification procedure). By clicking the button "Order with obligation to pay" or similar, the End Customer's order is transmitted to the Provider. The Contract of Use is then concluded by the activation of the respective Content by the Provider. The activation and the conclusion of the usage contract will be confirmed to the End Customer by e-mail. There is no entitlement to use the VOD Service.
- 3.2 Conclusion of Contract for Attendance of Events: For the conclusion of a contract between the Organiser and the End Customer on the attendance of an Event (hereinafter "Event Contract"), the End Customer is required to enter the requested data completely and correctly via the input mask provided by the Organiser for this purpose and to carry out any required age verification procedure (if age verification is required, the End Customer offer to conclude a contract of use is subject to the successful completion of the age verification procedure). By clicking the button "Order with obligation to pay" or similar, the order of the End Customer is transmitted to the Organiser. The contract of use is then concluded by the confirmation regarding the respective Event by receipt of an e-mail sent to End Customer.
The Organiser also offers the purchase of ticktes on site, whereby the contract is concluded by the offer of End Customer and subsequent acceptance by the Organiser.
Holders of Festivalpass Kino, Festivalpass Dual and Accredited Guests must each purchase a separate Single Ticket to attend an Event, subject to availability for each Event.
There is no entitlement to participate in a particular Event.
- 3.3 The offers of End Customer to conclude a Contract of Use and to conclude a Contract Event are binding for the End Customer The Provider is not obliged to accept the offer of an End Customer to conclude one of these contracts.
- 3.4 The respective service descriptions including the price details are listed in the respective offer and are part of the respective Contract of Use or Contract Event.
- 3.5 The data provided by the End Customer during the conclusion of the contract and the text of the contract shall not be stored. The text of the contract will be sent to the End Customer by e-mail after the conclusion of the contract.
- 3.6 End Customer can continuously correct his entries within the framework of the conclusion of the contract using the keyboard and mouse functions. In addition, the End Customer is provided with technical means for entering his data, with which a customary completeness and plausibility check is carried out and with the help of which input errors can be detected and corrected.
- 3.7 It is also possible to sign up for newsletters and/or personalised (promotional) messages about "DOK.fest München 2022". These newsletters and messages contain information on the DOK.fest München 2022 programme. Unsubscribe options can be found in every email.
- 3.8 End Customer has the option of requesting an invoice. For this purpose, further data may have to be entered. The invoice is then sent to End Customer.
- 3.9 The right of use granted to the End Customer through the purchase of tickets of the VOD ticket categories "Individual On-Demand" or "Festival Pass" is geographically limited to the territory of the Federal Republic of Germany. The right of use is limited to the respective current location of the End Customer, whereby the cross-border portability of online content services in the European internal market is guaranteed in the event of temporary stays of End Customer in another Member State of the European Union.
The preservation of the territorial limitation of the use of the provided Content by the Provider is technically guaranteed by geo-blocking in compliance with the legal requirements.
The Provider is entitled to obtain the information required for determining the Member State of residence from the respective End Customer in accordance with the Regulation on cross-border portability of online content services in the internal market or to carry out the measures required for this purpose, if applicable.
- 3.10 The right to use the VOD Service granted to the Accredited Guests entitles the Accredited Guests to play the Content from his or her respective location, unless otherwise notified.
- 4 VOD Service: Scope of Services, Contract Term, Ticket Purchase, Granting of Rights
- 4.1 Once a Contract of Use has been concluded, the Provider shall make the respective Content available to the End Customer - depending on the type and content of the usage contract - for retrieval by way of individual retrieval, as part of the Festival Pass or as part of the Accreditation (if included in the scope of services) in accordance with the following provisions. End customer can see from the respective service description of a content under which conditions the content is offered. End Customer receives a so-called Ticket ID with which access to the Content or Content is granted.
- 4.2 Individual Retrieval: In the event of the conclusion of a usage agreement entitling to individual retrieval, End Customer may use the Content as follows:
- 4.2.1 End Customer may play the Content for the purpose of immediate perception via the VoD Service, i.e. - with the exception of so-called buffering - without intermediate storage by way of streaming on the end device of the respective End Customer during the period of use.
- 4.2.2 After the initial start of a playback process, End Customer can play the respective Content again as often as desired within a period of 48 hours.
- 4.2.3 After expiry of one of the deadlines listed above under 4.2.1 and 4.2.2, it is no longer possible to play the Content.
- 4.2.4 End Customer is only granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods listed under 4.2.1 and 4.2.2 , to make the Content perceptible for (a) its own commercial purposes, provided End Customer is an Accredited Guest, or (b) for private purposes. Further rights of use are not granted. In particular, End Customer is not entitled to permanently store the Content in whole or in part, to reproduce it beyond the aforementioned scope, to modify it, to make it publicly accessible, to sell it or to use it for commercial purposes.
- 4.3 Festival Passes/Accredited Guests: In the event of the purchase of a Festival Pass or as an Accredited Guest (if included in the scope of services), End Customer may use the Contents as follows:
- 4.3.1 End Customer may play the Content for the purpose of immediate perception via the VOD service, i.e. - with the exception of so-called buffering - without intermediate storage by way of streaming on an end device of the respective End Customer as often as desired during the period of use.
- 4.3.2 End Customer has no claim to a specific content, unless a specific content was expressly promised to him in the service description. The Provider reserves the right to change the Content and the respective description of prices and services (e.g. by updating and changing the Content) if this becomes necessary for valid reasons, End Customer is not objectively placed in a significantly worse position by the change and the change is reasonable for End Customer.
- 4.3.3 End Customer is only granted the non-exclusive, non-transferable, non-sublicensable right, limited in time to the online availability of the Contents, to make the Contents perceptible for (a) its own commercial purposes, if End-Customer is an Accredited Guest, or (b) for private purposes by way of Streaming. Further rights of use are not granted. End Customer is in particular not entitled to permanently store the Content in whole or in part, to reproduce it beyond the aforementioned scope, to modify it, to make it publicly accessible, to sell it or to use it for commercial purposes.
- 4.4 Number of End Devices
- 4.4.1 End Customer can use the presented services of the VoD Service on up to five (5) registered end devices. One stream per End Customer is available at the same time.
- 4.5 Ticket Purchase, Period of Use;
- 4.5.1 The purchase of a ticket of the ticket categories Individual on-Demand and Festival Pass is possible from 25 April 2022, 10:00 hrs until 22 May 2022, 23:59 hrs at the latest.
- 4.5.2 The Content can only be played by the End Customer from 09 May 2022 until 23 May 2022, 03:59 hrs at the latest ("Period of use"). From 23 May 2022, 04:00 hrs, no more Content can be played. Purchased tickets are only valid during the Period of use of DOK.fest Munich 2022. Tickets that have not been redeemed or Content that has not been played expire without entitlement to a refund or credit at the end of 23 May 2022 04:00h.
- 4.6 System Requirements of the End Customer
- 4.6.1 End Customer requires an Internet connection and an Internet-capable end device (e.g. PC, Mac, smartphone, tablet) to use the VoD Service. End Customer is responsible for the procurement, use and compatibility of the required hardware and software.
- 4.6.2 It is the responsibility of the End Customer to ensure that his end device fulfils the technical system requirements, in particular for the high-resolution display and streaming of Content, if applicable. The display quality of the Content may differ from end device to end device and depend on various hardware and software factors such as the up-to-dateness of the operating system and browser, the location, the available bandwidth and/or the speed of the internet connection. The authorised end devices can be viewed here: https://support.pantaflix.com/hc/de/articles/209300989-Auf-welchen-Endger%C3%A4ten-kann-ich-Filme-ausleihen-und-anschauen.
- 4.6.3 The use of the VoD Service leads to further costs for End Customers, especially with time or volume tariffs. Against this background, the Provider recommends a so-called flat tariff. For the reception of Content in standard resolution (SD), the Provider recommends a broadband internet connection with an (actual) download speed of at least 2 Mbits/s. For the reception of high-definition Content (HD), the Provider recommends an (actual) download speed of at least 5.0 Mbps. Bandwidths below this recommendation only allow limited use of the VoD Service with considerable loss of quality.
5 Event, Single Ticket, Personalisation
- 5.1 End Customer can find out the conditions under which the Event is held in the respective service description for the Event. End Customer will only be granted access to the Event if a Single Ticket for the respective Event has been purchased beforehand. Holders of the Festival Pass Cinema, Festival Pass Dual or Accredited Guests will also only be granted access to an Event if they have previously purchased a separate Single Ticket. A Single Ticket can be purchased for each Event, subject to availability.
There is no entitlement to participate in a specific Event or to a specific number of tickets.
- 5.2 Festival Passes, the right to be an Accredited Guest and Single Ticktets on the basis of a Festival Pass or as an Accredited Guest are personal and cannot be transferred.
6 Obligations of the End Customers
- 6.1 End Customer warrants that all information provided to the Organiser is always true.
- 6.2 If End Customer does not provide the information required and requested by the Provider to determine the Member State of residence pursuant to the Regulation on cross-border portability of online content services in the internal market, or does not provide such information completely or truthfully, or fails to cooperate in any other way required in this context, with the result that the Provider is unable to determine End Customers Member State of residence, End Customer shall have no claim to cross-border use of the Content within the meaning of the aforementioned Regulation. For the avoidance of doubt, this does not affect any rights granted to the End Customer on the basis of the concluded Contracts of Use to use the Content in countries other than his Member State of residence.
- 6.3 End Customer may not misuse the VoD Service; in particular, it is not permitted to
- a) rent, resell or otherwise offer the Provider's services to third parties on a business basis;
- b) pass on or otherwise make available the Ticket ID received to third parties;
- c) tamper with the digital key transmitted to decrypt and play the content;
- d) circumvent the territorial limitation of use (in particular by geo-blocking) of the Content made available (e.g. circumvention by means of VPN client or tunnel);
- e) change copyright and property right notices;
- g) present, allow to be presented or otherwise make available to children or young people Content that is approved for the respective age group.
- 6.4 Image and Sound Recordings
- 6.4.1 Image and sound recordings at events or online are generally prohibited. Violations at venues may result in expulsion from the venue; recordings as well as recording devices may be confiscated and their return made conditional on the deletion of Content or parts of Content. End Customer declares not to commit any infringements of copyright or other intellectual property rights. Violations may be prosecuted under criminal and civil law.
- 6.4.2 Should image and/or sound recordings of authorised persons be made during an Event, the End Customer agrees by participating in the Event that he/she may be recorded in image and/or sound and that these recordings may be made publicly accessible or publicly reproduced free of charge and may be passed on to third parties for the purpose of publication.
- 6.5 In the event of culpable breaches by End Customer arising from the contractual relationship between the Organiser and End Customer, End Customer shall be liable to the Organiser for all damages, costs and other expenses and shall indemnify the Organiser against any claims and third party claims arising as a result.
7 Contents of the End Customer
Insofar as the Provider enables End Customers to communicate or publish user information or user content by way of public access (e.g. by means of a rating or comment function) within the scope of events or the VoD Service, End Customer is obligated not to publish and/or have published any information that is capable of violating the rights and/or honour of third parties, insulting or disparaging persons or groups of persons, or otherwise violating applicable law. Such information, in particular pornographic, violence-glorifying, right-wing, left-wing or ideologically extremist content or content that offends common decency, is not permitted. In the event of a violation, the Provider is entitled to block the End Customer's access to the VoD Service temporarily or, in the case of significant violations, permanently, and to remove the corresponding content.
8 Restrictions on the Obligation to Perform
- 8.1 In the event of a material breach of duty by End Customer (e.g. in the event of default of payment) as well as in the event of reasonable substantial suspicion of a material breach of duty, the Provider shall be entitled to withhold the respective service or the availability of the functionality to which the breach relates within the scope of the statutory provisions. In the aforementioned cases, as well as in particular in the event of suspicion of untrue or false information by End Customer, in the event of unauthorised disclosure of access data or in the event of default of payment, the Provider is furthermore entitled to temporarily block access to the service by End Customer.
- 8.2 The Provider will immediately resume the service or lift the blocking if it turns out that the suspicions were unfounded and/or a significant breach of duty by End Customer does not exist or no longer exists. In doing so, the Provider shall ensure that End Customer can use the agreed service in accordance with the agreement in the Contract of Use. The right of the Provider to terminate for good cause remains unaffected.
9 Fee/ Terms of Payment
- 9.1 End Customer undertakes to pay the fee stated for the respective offer for the Content and the respective type of use or access to an Event. The stated fee is the total price and includes the applicable statutory value-added tax. The usage fee shall become due immediately upon provision of the service.
- 9.2 End Customer has various means of payment at its disposal, which are specified on the respective offer page. Payment of the fees can only be made by these approved means of payment.
- 9.3 The obligation to pay the fee also exists if third parties use Contents of the VOD Service via the access of the End Customer and End Customer is responsible for this use.
10 Technical availability
The Provider shall endeavour to ensure the permanent and continuous availability and fault-free functionality of the VoD Service during the term of the contract. The Provider may restrict the accessibility and operation of the VoD Service for technical reasons, provided that the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data, the interoperability of the services or data protection require this. The Provider shall carry out maintenance work on the VoD Service where necessary, such maintenance work to be carried out at times of low usage. If maintenance work is planned, the Provider will inform about it and announce it by means of suitable measures.
- 11 For VOD Service: Right of Withdrawal for Consumers and Withdrawal Form
- 11.1 Consumers are entitled to the following right of Withdrawal in accordance with the withdrawal form when purchasing tickets for the VOD Service.
- A Cancellation policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform
us, Internationales Dokumentarfilmfestival München e.V., Dachauer Str. 116, 80636 München, e-mail firstname.lastname@example.org by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Premature expiry of the right of withdrawal
Your right of withdrawal expires prematurely in the case of a contract for the supply of digital content not on a physical medium if you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal on commencement of performance of the contract or if we have performed the service in full.
- B Withdrawal Form
You can find the following sample cancellation form here:
Sample cancellation form
(If you want to revoke the contract, you can use this form).
Internationales Dokumentarfilmfestival München e.V., Dachauer Str. 116, 80636 München,
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)-
Address of consumer(s)-
Signature of consumer(s) (only in case of paper communication)-
______________________(*) Delete as applicable.
- 11.2 Consumers shall not have a right of Withdrawal in the event of the purchase of admission tickets for Events pursuant to Section 312g (2) No. 9 of the German Civil Code (BGB).
- 12 Protection of Minors
- 12.1 The VoD Service as well as the offer to participate in Events are aimed at legally competent persons aged 18 and over.
- 12.2 The Provider reserves the right to offer developmentally impairing offers with time restrictions, to open the VoD Service for other youth protection programmes, or to restrict their access by means of an AVS or a youth protection PIN.
- 13 Liability
- 13.1 The Provider shall be liable without limitation for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses for any legal reason:
- a) in the event of intent or gross negligence,
- b) in the event of intentional or negligent injury to life, limb or health,
- c) on the basis of a guarantee promise, unless otherwise regulated in this respect,
- d) on the basis of mandatory liability, such as under the Product Liability Act.
- 13.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above provisions. Material contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the rights holder may regularly rely on.
- 13.3 In all other respects, liability on the part of the provider is excluded. The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and the personal liability of its legal representatives and employees.
14 Right of Termination for Good Cause
15 Contract Language
The following languages are available for the conclusion of the contract: German, English. In the event of disputes over the interpretation of regulations, the German-language version shall prevail in case of doubt.
- 17 Online Dispute Resolution; Dispute Resolution
- 17.1 The European Commission has set up an online platform for the out-of-court settlement of consumer disputes, which can be found at http://ec.europa.eu/consumers/odr/.
- 17.2 The Provider will not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so. Our e-mail address is: email@example.com.
- 18 Final Provision
- 18.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the Consumer has his habitual residence.
- 18.2 Amendments to a Contract of Use must be made in writing. There shall be no oral or written collateral agreements. § Section 126 para. 3 BGB shall apply.