1. Scope
(1) These General Terms and Conditions (hereinafter: GTC) govern the legal relationship between Musiktheater im Revier GmbH (hereinafter: MiR GmbH) and its visitors. These terms and conditions are deemed to have been agreed upon upon the purchase of a ticket or the conclusion of a season ticket contract.
(2) For events organised by third parties on the premises of MiR GmbH, the GTC of MiR GmbH apply only to a limited extent and only insofar as the GTC of the third-party organiser do not provide otherwise.
(3) These Terms and Conditions apply to members of visitor organisations, unless otherwise agreed.

2. Admission prices
(1) Different seating plans, price categories and seating groups apply to MiR GmbH events, depending on the type and venue of the event. Special prices may apply to selected events (e.g. guest performances, special events).
(2) Current ticket and season ticket prices can be found in MiR GmbH’s publications and on notices displayed at the theatre box office. Subject to errors and changes.

3. Concessions
(1) Discounts are published in the services section of the season programme and on the MiR GmbH website. Entitlement to discounts must be claimed before purchasing tickets. No retrospective reduction in the ticket price will be granted. Proof of eligibility for a discount must be presented at the entrance without being asked. If such proof cannot be provided, the difference to the full admission price must be paid at the box office.
(2) Concessions and promotional discounts cannot be combined.

4. Advance ticket sales
(1) Tickets may be purchased at the theatre box office, affiliated advance booking offices, or in writing, by telephone or online. The terms and conditions of the advance booking offices may vary.
(2) We reserve the right to make changes to the programme, start times and cast lists. MiR GmbH accepts no liability for information provided by third parties in publications (e.g. the press, online media).
(3) The theatre box office opening hours are published in the season programme and on the MiR GmbH website. The theatre box office is closed during theatre holidays and on Sundays and public holidays. The evening/performance box office opens one hour before the start of the performance. The evening/performance box office sells tickets exclusively for the performance due to take place immediately afterwards. As a general rule, no advance tickets for other events are sold there. The evening/performance box office generally closes when the performance begins.
(4) In response to an order placed by telephone, in writing or by email, MiR GmbH shall submit a time-limited offer in writing or by email, specifying the date of the event, the title of the production, the seating category, the seats and the prices. Payment for the tickets offered constitutes acceptance of the offer. If payment is not made within the period specified in the offer, MiR GmbH is free to dispose of the tickets and seats offered as it sees fit.
(5) Upon request, paid tickets will be sent by standard post up to ten days before the event, at the purchaser’s risk. If the purchaser requests that the tickets be sent by post, MiR GmbH will charge a flat-rate postage fee in addition to the purchase price. Otherwise, paid-for tickets will be available for collection at the box office. Uncollected tickets will lapse without replacement.
(6) Tickets remain the property of MiR GmbH until full payment has been made.
(7) All prices include charges (VRR, Kulturcent, programme, system and cloakroom fees). Exceptions may apply to special events, guest performances or concerts by the Neue Philharmonie Westfalen.

5. Season tickets
(1) A season ticket is generally valid for one season. It is automatically renewed for a further season unless it is cancelled in writing by one of the contracting parties by 31 May of the following year. From the third season onwards, the season ticket is renewed for an indefinite period with the right to cancel on a monthly basis. Notice of cancellation must be received in writing by the theatre box office by the 15th of the preceding month. This does not affect termination for good cause (in particular in the case of defaulting payers).
(2) MiR GmbH reserves the right to change the number of performances included in the individual season tickets, as well as the terms and conditions and prices for the coming season. Such changes will be communicated in good time.
(3) The subscription price is determined by the price category of the seat requested. The subscription prices valid for the respective season are available on the website, in the annual programme, or from the theatre box office. The subscription invoice is payable in two instalments on 5 November and 5 February of the current season and will be collected via a SEPA direct debit mandate.
(4) We reserve the right to make changes to the programme and cast; such changes shall not constitute grounds for cancelling the season ticket subscription, nor shall they entitle the holder to a refund or exchange of season tickets. This also applies in the event of a season ticket performance being rescheduled. MiR GmbH may, for operational reasons, change previously announced performance dates or move them to a different venue, and may also make last-minute changes to seating arrangements for artistic and/or organisational reasons. In both cases, subscribers will be notified accordingly once the changes have been announced. If a performance is cancelled due to a strike or force majeure, the season ticket holder is not entitled to compensation.
(5) The season ticket will be sent by post in good time before the first performance date. This ticket serves as proof of admission and must be brought to every performance. The ticket is transferable to third parties; however, such a transfer does not release the contracting party from their payment obligation. In the case of discounted season tickets, the beneficiary must also be able to prove their entitlement to this discount. Any cash refund resulting from entitlement to a discount is excluded. The loss of the season ticket must be reported to the season ticket office immediately.
(6) If, for compelling reasons, a subscriber performance cannot be attended, the value of the subscription tickets may be refunded in the form of a credit balance up to three days before the performance, upon presentation of the subscription card. This credit can be used to purchase single tickets or other items; it cannot be set off against the season ticket invoice. Cash payments are not permitted.

6. MiR Card
(1) Depending on the type, the MiR Card entitles the holder to book one or more discounted tickets. It is personal to the holder and must be presented on request at the entrance. Discounted tickets may not be transferred to third parties.
(2) The discount can only be granted for performances taking place within the validity period of the MiR Card in question.
(3) The MiR Card is valid for 12 months; it is not automatically renewed.

7. Admission to events
(1) Admission to events organised by MiR GmbH is granted only upon presentation of valid original tickets. In the case of discounted tickets, proof of eligibility for the discount must be presented to the admissions staff without being asked. If such proof cannot be provided, the difference to the full ticket price must be paid at the box office.
(2) Once an event has begun, for safety reasons and in the interests of the performing artists and other visitors to ensure the event runs smoothly, visitors may only be admitted to the auditorium at a time determined by the theatre management. Visitors must comply with the instructions of the admission staff regarding the time of admission and the seats to be occupied. Depending on the event, late admission may only be possible during the interval, or not at all. This also applies if the start of an event has been brought forward.
(3) Each ticket entitles the holder to attend the specified event in the seat indicated on the ticket. Other seats may only be occupied with the consent of, or at the direction of, the admission staff. MiR GmbH is entitled, in individual cases, to allocate other seats to visitors within the same or a higher seating category.
(4) Separately designated wheelchair spaces are available for wheelchair users. Wheelchair users are requested to inform the MiR GmbH box office of their requirements in good time before the start of the event in question – if possible, at the time of purchasing their tickets.

8. Vouchers
(1) Gift vouchers may be purchased for MiR GmbH events. These vouchers are valid for three years from the end of the calendar year in which the voucher was purchased, unless otherwise stated.
(2) Tickets may be purchased at the MiR GmbH box office upon presentation of a voucher. There is no entitlement to specific performances or seats.
(3) Vouchers cannot be redeemed for cash (in whole or in part). Any remaining value upon redemption will be refunded in the form of a new voucher for the remaining value.

9. Return of tickets, changes or cancellation of an event
(1) As a general rule, tickets sold by MiR GmbH cannot be returned or exchanged. No replacement will be provided for expired tickets.
(2) Changes to the cast or other alterations to the programme do not entitle the holder to return tickets.
(3) If a different production is staged instead of the one advertised at the time of ticket purchase, tickets may be returned up to the start of the event for a refund of the ticket price. Any further claims are excluded.
(4) If an event is cancelled, the ticket price will be refunded provided that the tickets are returned to the theatre box office within 4 weeks of the event date. Any further claims are excluded. The ticket price will be refunded to the relevant account upon provision of a valid IBAN. Other expenses, such as hotel and travel costs, will not be reimbursed.
(5) The premature termination of an event shall only give rise to a claim for a refund of the ticket price if the termination occurs during the first act or, in the case of one-act plays, during the first half of the event.
(6) In the event of a performance being cancelled due to a strike or force majeure, there is no entitlement to compensation.

10. Loss of tickets
(1) In the event of the loss of a ticket, a replacement ticket may be issued at the (evening) box office if the visitor provides evidence or makes a credible case, specifying the exact seat, as to which ticket they purchased. MiR GmbH is entitled to charge a handling fee for issuing replacement tickets.
(2) If both the original ticket and a replacement ticket are presented by different visitors for the same seat, the holder of the original ticket shall take precedence over the holder of the replacement ticket. In this case, the replacement ticket does not entitle the holder to be allocated another seat. The admission staff do not check whether the holder of the original ticket is the rightful owner.

11. Cloakroom
(1) Cloakroom items (coats, umbrellas, large bags, rucksacks and similar bulky items) may not be taken into the auditorium but must be handed in at the cloakroom.
(2) Upon presentation of the cloakroom ticket, the service staff will return the items without checking whether the holder is authorised to collect them. If the cloakroom ticket is lost, items may only be returned upon proof of entitlement to collect them, or if such proof is still available after all items have been returned. In such cases, MiR GmbH is entitled to record personal data before returning the items
(3) Any items that have been mixed up, damaged or lost, as well as the loss of a cloakroom ticket, must be reported to the service staff immediately. In the event of the loss of a cloakroom ticket, a reasonable financial compensation may be demanded
(4) Upon taking custody of the cloakroom items, MiR GmbH shall only be liable for the loss or damage to the stored items to the extent that the admission and service staff breach their duty of care through wilful misconduct or gross negligence. Liability is limited to the proven current market value of the items deposited and a maximum of €250 per cloakroom ticket. Excluded from liability are identity documents and certificates of any kind, credit cards, cash, keys and valuables, as well as jewellery and electronic devices. This also applies if these items are contained in coat pockets or other containers. The handover and storage of such items is at the visitor’s own risk.

12. Loss of items
(1) Any items found on the premises of MiR GmbH must be handed in to MiR GmbH staff or to other persons authorised by MiR GmbH.
(2) The loss of any items must be reported immediately to MiR GmbH staff or other persons authorised by MiR GmbH.

13. Television and film recordings
(1) Any audio and/or video recordings of events by visitors are prohibited for copyright reasons. Any breaches shall give rise to claims for damages by MiR GmbH and the participating artists.
(2) Outside of events, photographs may be taken on the premises of MiR GmbH exclusively for private and non-commercial purposes.
(3) In the event of a breach, MiR GmbH staff are entitled to demand the handover of the recording, to delete it and to ask the visitor to leave the event.
(4) MiR GmbH is entitled to record and publish events even without prior notice.

14. Hazardous situations
(1) Mobile phones and other electronic communication and information devices, as well as acoustic signalling devices of any kind, must be kept strictly switched off in the auditorium. In the interests of other visitors and to ensure that events run smoothly, MiR GmbH is entitled, in the event of any breach, to demand that such devices be handed over or to ask the visitors concerned to leave the performance.
(2) Food and drink must not be brought into the auditorium.
(3) Smoking is not permitted on the premises of MiR GmbH.
(4) In the event of a fire or other emergency, visitors must leave the building immediately via the marked exits and emergency exits without delay. Cloakroom items will not be returned in such cases. In such cases, the instructions of MiR staff or other persons authorised by MiR GmbH must be followed without fail.

15. House Rules
(1) The managing director is responsible for exercising the right to manage the premises of MiR GmbH. During events, this right is exercised by the admission staff. Visitors must comply with the instructions of MiR GmbH staff.
(2) If there is reason to believe that visitors are disrupting an event or causing a nuisance to other visitors, they may be refused entry to MiR GmbH’s premises. Visitors may be removed from events if they disrupt them, cause a nuisance to other visitors or have taken a seat for which they cannot produce a valid admission ticket. Access may also be refused to visitors who have contravened the instructions of staff or these General Terms and Conditions. This does not give rise to any entitlement to a refund of the admission fee or to reimbursement of expenses.

16. Data Protection
(1) Personal data relating to orders shall be collected, processed, stored and used in accordance with data protection legislation to the extent necessary for the initiation and performance of the contract.
(2) MiR GmbH is entitled to store the personal data it has obtained through the booking or sale of tickets and to use it for its own purposes.

17. Place of performance and jurisdiction
(1) The place of performance and venue of jurisdiction for all claims arising between MiR GmbH and customers from the business relationship is Gelsenkirchen. German law applies exclusively. This also applies to ticket sales via the internet.

18. Participation in consumer dispute resolution
(1) MiR GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.

19. Severability clause
(1) Should any individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the standard industry provision applicable in such cases; in the absence of a valid standard industry provision, the relevant statutory provision shall apply.

20. Entry into force
(1) These General Terms and Conditions shall enter into force on 27 April 2023. At the same time, the previously applicable General Terms and Conditions shall cease to be valid.

Gelsenkirchen, 24 April 2023
signed Tobias Werner, Managing Director