General Terms and Conditions of TAKK ab Entertainment AG

These General Terms and Conditions (GTCs) apply to

• all contracts entered into by TAKK ab Entertainment AG;
• all services offered by TAKK ab Entertainment AG, irrespective of whether TAKK ab Entertainment AG performs these services in conjunction with local event organisers;
• all events organised by TAKK ab Entertainment AG and tickets for such events, irrespective of the ticket provider, including but not limited to Ticketcorner, Ticketmaster and Seetickets, that the customer purchased them from. The general terms and conditions of the applicable ticket provider shall apply in addition to these GTCs.

The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

By purchasing a ticket for an event organised by TAKK ab Entertainment AG, the customer enters into a contract with TAKK ab Entertainment AG for the services specified on the ticket. A contract is also established when a customer accepts a written offer from TAKK ab Entertainment AG. Such acceptance occurs where the customer confirms or reconfirms an offer in writing (including via email) or receives a written confirmation from TAKK ab Entertainment AG in respect of an offer. A ticket purchase establishes contractual relationships exclusively between the purchaser and holder of the tickets and the organiser. Offers from TAKK ab Entertainment AG are valid for 21 days unless another period has been agreed. Offers expire upon expiry of this period. TAKK ab Entertainment AG reserves the right to withdraw an offer before this period has expired. No equivalent deadline applies to the purchase of tickets.

TAKK ab Entertainment AG reserves the right to limit the number of tickets per customer. The upper limit will be displayed or communicated to you during the order process. If the number of tickets ordered by a customer exceeds such limit, TAKK ab Entertainment AG reserves the right to instruct the ticket provider to cancel orders exceeding that limit. By purchasing the ticket, the customer accepts the safety, access, age and other implementation rules and acknowledges that he/she may be excluded from the event without compensation if he/she does not comply with these rules. The agreement between TAKK ab Entertainment AG and the customer is only finalised when TAKK ab Entertainment AG or the ticket provider dispatches the tickets to the customer or activates them. Where the ticket provider has terms and conditions that go further than and/or deviate from these GTCs, they shall take precedence over this section.

The ticket purchaser obtains the right to receive the services and to enter and attend the event in accordance with the order confirmation or printed ticket. Information regarding safety, access and age rules is available in the event description at www.takk-abe.ch or can be obtained from the official ticket providers (Ticketcorner or Ticketmaster); for instance, certain events may have age restrictions, e.g. stipulating that attendees must be 16 or over or accompanied by an adult. Children under the age of six (6) are excluded from all TAKK ab Entertainment AG events for safety reasons. The organiser disclaims any responsibility or liability for loss or damage of any kind in the event of non-compliance. These regulations also apply to the purchase of tickets from third-party providers.

Print@home tickets, mobile tickets and all tickets sent by the ticket provider (by post or email) will be automatically checked at the entrance to the event. If the barcode/QR code on the tickets cannot be read by the electronic admission system and the barcode number is not legible, ticketholders will not be admitted. No claim to compensation shall exist where entry is refused for this reason. The first person to use a print@home ticket, mobile ticket or e-ticket will be granted entry to the event, following which the ticket will be blocked for any further access. Only tickets purchased via an official sales channel are valid. Print@home tickets may only be printed once, and mobile tickets may not be forwarded. Copying, amending or imitating tickets is strictly prohibited. Tickets should be clean and not damaged in any way.

For personalised tickets, the rules set forth by TAKK ab Entertainment AG and the applicable ticket provider for personalisation apply (transfer options, entry checks and level of personalisation). As a rule, personalisation involves stating the personal details of the authorised holder on the ticket (printout). Only the person named on the ticket will be admitted to the booked event. The customer/purchaser bears responsibility for the accuracy and completeness of the personal data, and TAKK ab Entertainment AG accepts no liability under any circumstances for losses resulting from inaccurate or incomplete information. Where the conditions applying to an event deviate from or add to these GTCs in respect of personalisation, they shall take precedence over this section.

During the event, attendees are prohibited from making any audio, visual or other reproducible recordings without the express prior written consent of TAKK ab Entertainment AG. Exceptions are rock and pop concerts, where small, non-professional cameras such as those on mobile phones are permitted.

Before an attendee enters the venue for the first time, tickets will be scanned or fully validated. Ticketholders should keep their tickets on them during the event. Tickets normally cease to allow entry as soon as the attendee leaves the event venue; there is no right to re-entry. Exceptions to this apply in certain cases, in particular to events lasting multiple days. These will be communicated separately to the attendee. In such cases, re-entry to the venue will only be granted with an intact ticket and, if provided, an admission wristband or exit ticket. No re-entry will otherwise be permitted. No replacements will normally be provided for lost and/or damaged tickets.

Event attendees must not bring to an event any objects whose possession or use could endanger other attendees in any way.

The attendee undertakes to diligently follow all safety and operational rules, along with any instructions communicated to him/her in writing or verbally by TAKK ab Entertainment AG or its agents before, during or after the event.

TAKK ab Entertainment AG is authorised A) to deny the attendee entry without a refund or B) to remove the attendee from the event without a refund if the attendee does not meet the entry requirements, particularly age limits specified for the event, or fails to adhere to the safety and/or operational rules of the event organiser despite being instructed to do so by TAKK ab Entertainment AG or its representatives. In particular, drug use and excessive alcohol consumption will not be tolerated.

The ticket purchaser acknowledges that there is no right of cancellation with regard to the completed ticket purchase. Tickets cannot be exchanged or returned. The same applies if the date of the event or the venue are changed for any reason. In such cases, the ticket entitles the attendee to attend the event on the alternative date or at the alternative venue. If the event is definitively cancelled for any reason, the ticket must be returned to the relevant ticket agency within 30 days of cancellation. Any applicable refund will be limited to the face value stated on the ticket exclusive of additional fees. The refunded amount may be reduced by a handling fee of no more than 5%. In the event of a cancellation without substitution due to the withdrawal of an artist, TAKK ab Entertainment AG reserves the right to reduce the face value or refund amount by a maximum of 25%. No refunds will be made if an event is cancelled due to force majeure. Force majeure is defined as unforeseeable events beyond the reasonable control of either party, such as war, terrorist attacks, strikes, epidemics, pandemics, natural disasters, official restrictions or prohibitions and similar circumstances that prevent TAKK ab Entertainment AG from fulfilling its contractual obligations. Force majeure also includes the aftermath of a force majeure event that makes it unfeasible for TAKK ab Entertainment AG, exercising due commercial care, to organise the event, even if the force majeure event has concluded by the time of the event. TAKK ab Entertainment AG accepts no liability for any losses incurred by customers as a result of cancellations due to force majeure. We recommend taking out ticket insurance when purchasing tickets.

The attendee acknowledges and consents that the official ticket providers accept payment for ticket orders in their own name, based on a collection authorisation from the organiser, and have the right of disposal over the payment received.

TAKK ab Entertainment AG accepts no liability for the accuracy and completeness of the event data provided, due to the possibility that the ticket distribution system could be affected by transmission errors, technical faults or unlawful interference by third parties.

All trade in purchased tickets, in particular for commercial or business purposes, is prohibited. Any breach may lead to the forfeiture of the services pertaining to the purchased tickets and may result in claims for damages and loss of profits against both the original and subsequent ticket purchasers. Anyone who breaches these provisions may be excluded from purchasing tickets.

The customer agrees that all information/data provided to TAKK ab Entertainment AG may be used for marketing and advertising purposes by TAKK ab Entertainment AG or its affiliated companies, i.e. all companies that are controlled by TAKK ab Entertainment AG, that control TAKK ab Entertainment AG or that are under joint control with TAKK ab Entertainment AG. Control exists if the controlling company can exercise de facto control due to a majority of voting and/or capital rights. Affiliated companies include in particular all companies of TAKK ab Entertainment AG. In all other respects, the use of personal data by TAKK ab Entertainment AG is governed by the Privacy Policy.

The attendee is aware and agrees that visual, audio and video recordings may be made of the audience before, during or after the event in order to document it and that these recordings may be used and exploited commercially and without compensation by the organiser or third parties. By attending the event, the attendee irrevocably consents to being recorded in this way and to the uncompensated use and exploitation of such recordings, especially for publication and broadcast purposes. By attending the event, the attendee explicitly waives the right to assert any privacy rights or claims for compensation in this regard.

If you have specific accessibility needs for an event, please contact us before buying tickets so that we can support you. Otherwise, we cannot guarantee that your specific requirements for the event will be accommodated.

Upon receipt of the tickets you have purchased, it is your responsibility to promptly verify their accuracy, including the number of tickets, price, event date, etc. If the tickets are damaged or do not correspond in every detail to the tickets you ordered, please inform us of this within two working days. Complaints can be made by telephone or in writing (email or letter). The date shown on the postmark or the transmission protocol of the email shall be authoritative for determining whether the complaint period has been complied with. Once the complaint period has elapsed, no further ticket returns or rebookings will be accepted. In the event of a ticket complaint, the ticket containing the alleged mistakes must be exchanged with us. However, tickets that have been correctly ordered and paid for will not be refunded.

TAKK ab Entertainment AG is obliged to deliver the services ordered by the customer and promised by TAKK ab Entertainment AG.

The customer is obliged to pay the agreed prices of TAKK ab Entertainment AG for these and other services utilised. This also applies to services performed and expenses incurred at the customer's instruction by TAKK ab Entertainment AG in respect of third parties, including in particular claims from copyright collecting societies.

The agreed prices include the applicable statutory value added tax.

Invoices issued by TAKK ab Entertainment AG must be settled without any deductions by the specified due date. If no due date is specified, the invoice must be paid within 20 days. Upon the due date, TAKK ab Entertainment AG is entitled to demand default interest at the applicable statutory rate. TAKK ab Entertainment AG reserves the right to claim for more extensive losses upon the presentation of evidence.

TAKK ab Entertainment AG is entitled to request a suitable advance payment at any time. Tickets are usually paid for in advance. The amount of the advance payment and the payment dates are agreed in writing in the contract.

Under warranted circumstances, such as late payment by the customer or an expansion in the scope of the contract, TAKK ab Entertainment AG is entitled to demand an advance payment, a security deposit or an increase in the advance payment or security deposit that was initially agreed, up to the entire agreed remuneration. This applies from the conclusion of the contract until the commencement of the event.

Any offsetting of the customer's claims against claims of TAKK ab Entertainment AG, irrespective of the legal grounds, is excluded.

The customer may only cancel the contract concluded with TAKK ab Entertainment AG free of charge with the written consent of TAKK ab Entertainment AG. If such consent is not given, the advance payment agreed in the contract must be paid under all circumstances. In accordance with Article 3 of these GTCs, there is no right of cancellation for tickets, and the consequences of any definitive cancellation of the event are governed exclusively by the same Article 3.

Should TAKK ab Entertainment AG and the customer have mutually established in writing a deadline for cancellation of the contract free of charge, the customer is entitled to cancel the contract until that specified date without incurring payment or compensation obligations towards TAKK ab Entertainment AG. The customer's right of cancellation lapses if he/she has not exercised such right of cancellation in writing to TAKK ab Entertainment AG by the agreed date.

If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, TAKK ab Entertainment AG is also entitled to cancel the contract during this period. The customer is not entitled to cancel tickets. Any consequences of definitive cancellation of events for ticketholders are governed exclusively by Article 3 of these GTCs.

TAKK ab Entertainment AG may also withdraw from the contract if an advance payment agreed or demanded in accordance with Article 4.5 above is not made on time.

Furthermore, TAKK ab Entertainment AG is entitled to cancel the contract for good cause, for example:

• in the event of force majeure (see Article 3.9 above);
• in the event of other circumstances beyond the control of TAKK ab Entertainment AG that render the fulfilment of the contract impossible, including in particular withdrawal by an artist where the event cannot be rescheduled;
• if the contract was established on the basis of inaccurate or deceptive statements of significant facts, e.g. with regard to the customer or purpose; or the customer/contractual partner breaches any terms of the contract or these GTCs and such breach persists despite a written warning (delivered in writing or via email) from TAKK ab Entertainment AG..

In the event of cancellation by TAKK ab Entertainment AG for good cause, the customer/contractual partner has no claim to compensation

The customer may not normally bring any food or drink to events.

When TAKK ab Entertainment AG procures technical or other equipment at the request of the customer/contractual partner, it does so on behalf of and for the account of the customer/contractual partner. The customer/contractual partner is responsible for the proper use, handling and return of the equipment. The customer/contractual partner indemnifies TAKK ab Entertainment AG against any third-party claims arising from the use of such equipment.

Use of the customer's own electronic equipment utilising TAKK ab Entertainment AG's power supply requires the written consent of TAKK ab Entertainment AG. The customer shall bear the costs of any malfunctions or damage to TAKK ab Entertainment AG's technical equipment resulting from the use of the customer's own equipment unless TAKK ab Entertainment AG is at fault. TAKK ab Entertainment AG may record and apply a flat charge for its electricity costs resulting from such use.

The customer is authorised to use their own telephone, fax and data transmission equipment with the consent of TAKK ab Entertainment AG. TAKK ab Entertainment AG may charge a connection fee for this.

A non-use fee may be applied if the customer's own systems are connected, resulting in the non-use of TAKK ab Entertainment AG's systems.

Faults in technical or other equipment provided by TAKK ab Entertainment AG shall be rectified as soon as possible. Payments may not be withheld or reduced.

Smoking is prohibited on all premises of TAKK ab Entertainment AG at all times. Failure to comply with this regulation may result in exclusion from the event.

The customer's exhibition materials and other personal items may be placed in the event rooms (e.g. in a cloakroom) at the customer's own risk. TAKK ab Entertainment AG accepts no liability for loss or damage, including financial loss, except in cases of gross negligence or intent on the part of TAKK ab Entertainment AG. This exception does not cover losses arising from damage to life, limb or health.

Any items that the customer brings with him/her must comply with fire safety requirements at all times. TAKK ab Entertainment AG shall be entitled to request official evidence in support of this. If such evidence is not provided, TAKK ab Entertainment AG shall be authorised to remove at the customer's expense items that have already been brought in. To mitigate the risk of damage, the installation and attachment of objects must be arranged with TAKK ab Entertainment AG in good time.

Exhibition materials and other items brought onto the premises must be removed immediately after the end of the event. Otherwise, TAKK ab Entertainment AG may remove and store the items at the customer's expense. If items are left in the event venue, TAKK ab Entertainment AG reserves the right to impose a reasonable use fee for the period that they remain there. The customer is entitled to prove that such claim did not arise or did not arise in the amount claimed.

The customer/organiser bears responsibility for any damage or losses caused to rooms, facilities, furniture and environs caused by itself, its employees, assistants or guests or other third parties within its sphere. The customer must inform the on-duty operations manager at TAKK ab Entertainment AG or the technician promptly when the event ends. This allows for the inspection and removal of equipment provided by TAKK ab Entertainment AG and hired from third parties, such as sound systems. The organiser shall be liable for any defective or missing equipment.

TAKK ab Entertainment AG shall be fully liable for direct, proven losses resulting from an intentional or grossly negligent breach on its part of obligations under these GTCs or the contract. The burden of proof of fault shall lie with the customer. TAKK ab Entertainment AG shall take the greatest possible care but cannot assume liability for losses of any nature, including, but not limited to liability for minor or moderate negligence, indirect losses or consequential losses, including in particular but not limited to loss of profit; or liability for content on websites of ticket providers and other third parties that link to TAKK ab Entertainment AG's events or are linked to by its websites. The above exclusions from liability by TAKK ab Entertainment AG do not extend to instances of culpable harm to life, limb or health directly caused by TAKK ab Entertainment AG or in relation to obligatory statutory provisions of the Swiss Product Liability Act.

TAKK ab Entertainment AG may not under any circumstances be held liable in any case for the deliberate or negligent breach of contractual obligations by a third party, such as unofficial ticket providers or ticket resellers. TAKK ab Entertainment AG is entitled to use third parties to fulfil obligations arising from the contractual relationship. TAKK ab Entertainment AG disclaims any liability for losses arising from the actions of its agents or third parties. Should any faults or defects occur in the services of TAKK ab Entertainment AG, TAKK ab Entertainment AG shall endeavour to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the fault and minimise any possible damage. The customer is also obliged to inform TAKK ab Entertainment AG promptly of the possible occurrence of damage.

Despite the full implementation of a suitable protection and hygiene concept and adherence to all necessary hygiene measures, TAKK ab Entertainment AG draws the customer's attention to the fact that it is not possible to completely eliminate the risk of attendees becoming infected with the SARS-CoV-2 coronavirus or other pathogens.

The customer is responsible for all necessary insurance and authorisations/conditions. TAKK ab Entertainment AG may request proof of this insurance. The organiser must insure the items brought in at its own expense. TAKK ab Entertainment AG disclaims all liability.

Amendments or additions to the contract, acceptance of the offer and changes to these GTCs, as well as any waiver of this written form requirement, must be made in writing. However, TAKK ab Entertainment AG retains the right to amend these GTCs at any time without further formalities or notification of the customer. In addition to these GTCs, the house rules of the relevant venue apply. In the event of discrepancies between the house rules and these GTCs, the house rules will take precedence.

The organiser reserves the right to change the location and/or date of the event. Such changes do not give rise to any entitlement to a refund of the face value of the ticket (see Article 3.9). In addition, the organiser reserves the right to change the programme without prior notice.

The place of fulfilment and payment is the registered office of TAKK ab Entertainment AG in Zurich.

These GTCs and the contracts concluded on the basis of these GTCs are subject to Swiss law, to the exclusion of the conflict-of-law provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The customer/organiser recognises Zurich as the exclusive place of jurisdiction for all legal disputes with TAKK ab Entertainment AG. Nevertheless, TAKK ab Entertainment AG reserves the right to take legal action against the customer at its place of residence/registered office.

Should any individual provisions of these General Terms and Conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. The parties shall mutually agree an effective provision to replace the ineffective provision that approximates the intended economic objective as closely as possible. The same principle applies in case of any gaps or omissions.