1. General Provisions
OpenAir St.Gallen AG, hereinafter referred to as the "Organizer," establishes these General Terms and Conditions (GTC) for festival visitors, stand operators, and other contractual partners of the Organizer.
The festival takes place outdoors and will be held in all weather conditions. However, cancellations or changes due to extreme weather conditions remain reserved.
The instructions of the Organizer's staff must be strictly followed. For festival visitors, the access times for each category are published on the Organizer's website. For stand operators, individual agreements apply.
Camping on the restricted festival grounds is allowed no earlier than Thursday, June 27, 2024, from 12:00 PM, and must end by Sunday, June 30, 2024, by 8:00 PM.
Festival attendance is permitted only from the age of 16. Persons under 16 years of age may only attend when accompanied by a legal guardian or with written consent from a legal guardian.
The Organizer reserves the right to change entry times without prior notice. The Organizer is not liable for any delays at the entrance.
Prohibited Items: It is prohibited to bring pets, household goods, bulky items, glassware, selfie and GoPro sticks, cans, megaphones or other noise-producing devices, drones, pyrotechnic items, dry ice, gas cylinders, flammable liquids, weapons, axes, large knives/daggers, or similar items. This list is not exhaustive, and instructions from security personnel must be followed. Violation of this policy may result in expulsion from the festival grounds without a refund. The Organizer assumes no liability for items surrendered.
Beverage Policy: The import of drinks is limited to three liters per person in PET bottles or Tetra Pak. Beer kegs of 10 liters or more that are subject to a deposit are permitted.
Admission and Participation: By purchasing a ticket, the purchaser, as well as the festival visitor and stand operator, accept the Organizer's General Terms and Conditions. These GTC also apply to all other contractual partners of the Organizer. In the case of discrepancies between the Organizer's GTC and those of the counterparty, the Organizer's GTC take precedence. Deviating provisions of the counterparty are only binding if expressly approved by the Organizer in writing. Silent acceptance of the counterparty's GTC by the Organizer does not constitute acknowledgment or agreement.
Cashless Payment System: OpenAir St.Gallen 2024 uses a cashless payment system for the purchase of goods and services on the festival grounds. The corresponding General Terms and Conditions for the cashless payment system also apply and are part of these GTC.
Home Delivery Service: If an order from the Home Delivery Service is not picked up within the specified opening hours on the festival grounds, there is no right to a refund.
2.1. Music Program
The Organizer has no influence over the design and content of the performances by the artists. The Organizer accepts no liability in this regard.
The Organizer reserves the right to change the program at any time without prior notice. Visitors have no claims in the event of changes, particularly in the case of cancellations by artists or groups.
2.2. Audio, Video, Film, and Drone Recordings
It is not permitted to make audio or video recordings of the performing bands during the festival. Photography and filming for private purposes is generally allowed. However, the use of professional digital and analog SLR cameras, cameras with interchangeable lenses, and film cameras is not permitted. The use of drones is also prohibited.
The commercial use of audio, video, film, and photo recordings of the performing artists, visitors, or the festival infrastructure is strictly prohibited.
Violations of these regulations may result in criminal consequences.
In the event of non-compliance with these rules, the Organizer reserves the right to assert all legal claims in full.
Visitors are aware that for security reasons, video recordings of the festival grounds and entrance areas will be made during the festival to document potential violations.
Festival visitors are also aware that photographers and filmmakers of the festival will make recordings of the event and the audience, which may be published and commercially used by OpenAir St.Gallen on its channels. Visitors explicitly agree to this use and waive any claims regarding personal rights and compensation.
2.3. Noise Emissions
Due to the volume of the concerts, there is a risk of hearing and health damage. Ear protection will be provided at particularly affected areas in front of the stage. Ear protection will also be available for pick-up at bars.
The Organizer accepts no liability for potential hearing or health damage.
3. Access to the Festival Grounds
3.1. Security
The security staff of the Organizer will conduct security and entry checks at all official entrances and throughout the festival grounds during the event.
Instructions from the security staff must be strictly followed.
In cooperation with local police authorities, random bag checks and body searches will be conducted.
The Organizer reserves the right to refuse entry for important reasons, with the ticket price (the nominal value of the ticket) being refunded. Non-compliance with the General Terms and Conditions can be considered an important reason.
The Organizer expressly reserves the right to take further legal actions.
3.2. Admission
The ticket must be exchanged for a wristband at the official ticket counters or exchange stations of the Organizer.
Everyone entering the festival grounds must wear the wristband securely on their wrist before entering the grounds.
Damaged wristbands or those not properly worn do not entitle the holder to access the Organizer's services and are invalid.
The wristband grants access to the restricted festival grounds for the duration stated on the ticket.
During the validity of the ticket or wristband, it is also valid as a 2nd-class travel pass in the Ostwind zones 210/211 (L)(V)(SPEZ).
Lost tickets, free tickets, or wristbands will not be replaced.
Persons on the festival grounds without a properly affixed wristband will be asked to leave the grounds and may be reported.
3.3. Refund Claims
There is generally no right to a refund of the ticket price. An exception is the refund of the ticket price in the case of refusal of entry for important reasons according to Section 3.1, provided the visitor did not cause the refusal.
3.4. Resale of Tickets
The purchase of tickets or free tickets for the purpose of resale is strictly prohibited. The Organizer conducts relevant checks and reserves the right to block and invalidate tickets purchased for resale. Criminal charges may apply.
It is strongly recommended to purchase tickets only through the official channels on the Organizer's website!
4. Special Provisions for Stand Operators
The operation of a stand is only permitted with a written contract with the Organizer. This contract also includes the present General Terms and Conditions.
4.1. Compliance with Legal Provisions
The stand operator is required to be familiar with and comply with all relevant legal regulations for operating their stand.
It is explicitly noted that the Food Law must be observed (afgvs.ch).
If a security service is required, it must be ordered in writing from the Organizer by no later than two weeks before the festival. These services will be charged at the current rate.
Each stand must be equipped with a fire extinguisher, which can also be ordered from the Organizer no later than two weeks before the festival.
The stands are subject to regular inspections by the Organizer and the relevant authorities.
Stands that do not meet the requirements will be immediately closed.
In the event of closure, the stand operator has no right to a refund of stand fees or compensation and may face legal action.
All procedures, reports, or fines will be borne entirely by the stand operator (including nickel tests, etc.).
4.2. Subletting
It is strictly prohibited to sublet the stands.
The stand operator must either be the contracting party themselves or be legally authorized by the contracting party.
4.3. Installations
The use of emergency power generators (such as diesel generators) is prohibited.
Any technical installations that have not received written approval from the Organizer are also prohibited.
4.4. Waste
It is prohibited to burn straw or other waste.
The stand operator is required to separate PET waste and other materials and make them available for collection. Hazardous waste, such as glass, oils, and fats, must be properly disposed of by the stand operator.
The Organizer reserves the right to monitor compliance with this obligation and issue instructions at their discretion. Violations of these regulations will result in a fine.
4.5. Catering Stands
Selling food and beverages without the written approval of the Organizer is prohibited. Once the stand is approved by the Organizer’s representative, it is considered approved.
Stand operators who leave the site without proper stand cleaning or cannot provide a signed acceptance protocol must pay a flat fee of at least 400 CHF. Additional cleaning costs will also be charged.
4.6. Advertising Materials
It is prohibited to use paper, dishes, placemats, napkins, or other advertising materials that bear company names other than those of the Organizer's sponsors for the relevant year.
4.7. Stands of OpenAir St.Gallen
The Organizer reserves the right to operate their own stands, both in the catering and non-food areas.
4.8. Liability of Stand Operators
The stand operator is responsible for the safety of their stand (see Section 7 of the General Terms and Conditions). They are fully liable for any damage caused to the Organizer or third parties.
5. Traffic
5.1. Access to the Site for Stand Operators
Access to the festival site for stand operators is allowed until Thursday, June 27, 2024, at 10:00 AM. All vehicles must leave the site by Thursday, June 27, 2024, at 12:00 PM, unless there is a written exemption from the Organizer.
On Sunday, June 30, 2024, access for stand operators will be possible again starting at 10:00 PM. Access to the site will only be permitted according to the Organizer's instructions via the check-in counter (look for the "CI" signs).
Vehicles that do not adhere to the specified entry times may not be allowed on the site or may face long waiting times. Access for non-food stand operators is only permitted for loading and unloading goods. Non-food stand operators will not have access to the site during the festival.
Separate arrangements for supply replenishment for catering stand operators will be made in the catering stand operator contract.
Only vehicles with a driving permit attached to the windshield will be allowed access to the festival site. Driving permits, tickets, entry plans, and if necessary, stand numbers and a site map will be sent to stand operators either with the contract or handed over in person.
The access road must always remain clear. Failure to comply with this regulation will result in the vehicle being towed at the vehicle owner's expense.
5.2. Parking for Festival Visitors, Helpers, Stand Operators
Parking on Rechenstraße, Rechenwaldstraße, and on the festival grounds is strictly prohibited.
Vehicles parked on the grounds or along the mentioned streets will be towed without warning and at the vehicle owner's expense. The vehicle owner will bear all costs once the towing service is ordered.
Only the "Breitfeld" parking lot may be used. When parking, the instructions of the security and order staff must be strictly followed. The "Breitfeld" parking lot will be accessible starting Wednesday, June 26, 2024, at 3:00 PM.
Overnight parking is not permitted.
Parking is at your own risk. Vehicles parked incorrectly will be towed at the owner's expense.
It is recommended to use public transportation. The wristband or ticket entitles you to free use of the shuttle bus between the main train station, the "Breitfeld" parking lot, and the festival grounds (24-hour service).
6. Infrastructure/Setup for Stand Operators
The setup of stand infrastructure must be completed by Thursday, June 27, 2024, at 2:00 PM at the latest.
The lunch break from 12:00 PM to 1:00 PM and the night rest period from 10:00 PM to 7:00 AM must be observed.
7. Liability
The organizer excludes any liability for actions or behavior of themselves or others, except in cases where mandatory legal provisions dictate otherwise.
In particular, the organizer assumes no liability for personal injury or property damage caused by third parties to festival visitors or stand operators. There is no liability for auxiliary personnel.
The organizer insures against damages to items provided by third parties to a reasonable extent. Existing insurances must provide primary coverage, and the organizer's insurance coverage is subsidiary.
The organizer assumes no liability for lost or stolen items. Lost items will be handed over to the festival information stand and, after two weeks, transferred to the St. Gallen Lost and Found office: 071 224 60 15.
8. Stay on the Festival Grounds / Camping
The stay on the restricted festival grounds is permitted from Thursday, June 27, 2024, starting at 5:00 PM, until Sunday, June 30, 2024, at 9:00 PM at the latest.
Camping on the festival grounds is allowed as long as there is enough space. However, there is no right to a specific camping spot.
Motorhomes and caravans are not allowed to enter the festival grounds.
Instructions from the festival staff must always be followed.
Overnight stays on the grounds from Sunday to Monday are generally prohibited for third parties.
9. Compensation for Damages
Claims for damages due to positive breach of contract, fault during contract formation, or unlawful acts are excluded unless the organizer or their legal representatives or agents have acted intentionally or with gross negligence.
Claims for damages due to impossibility of performance or delay are limited to the compensable, foreseeable damage in cases of slight negligence.
10. Measures to Protect the Health of Visitors in Connection with Covid-19 and Other Infectious Diseases
The organizer must comply with the applicable laws, regulations, and recommendations of the relevant authorities in the execution of the event. Festival visitors, helpers, and stand operators are required to comply with these laws, regulations, and recommendations and follow any behavior code from the organizer, which may be communicated shortly before the event.
It is important to note that there is always a risk of transmission of Covid-19 or another infectious disease in any environment where people gather. In this context, the organizer reserves the right to take health protection measures. Specifically, the organizer may make access to the festival grounds dependent on the following requirements:
It is the responsibility of festival visitors, stand operators, and helpers to stay informed about the applicable measures and entry requirements at the time of the event. Relevant information will be posted on the organizer's website and updated regularly.
The organizer has the right to deny access to the site without refund if a person does not meet the above conditions, if it turns out that a person is subject to isolation (quarantine) by order of the authorities or by law, or if the person shows typical symptoms of a Covid-19 infection (e.g., fever, loss of taste and smell, coughing), or if a person has a current Covid-19 infection.
Failure to comply with the measures gives the organizer the right to remove the concerned individuals from the festival grounds without a refund.
Access to the event may only be granted within the authorized audience capacity set by the authorities. If this capacity is reached, the organizer reserves the right to limit access, without any entitlement to (partial) refunds.
11. Cancellation / Postponement / Interruption or Termination
The organizer can cancel, interrupt, or terminate the event at any time before its start without providing reasons.
If the event is canceled, interrupted, or postponed due to circumstances beyond the organizer's control, such as force majeure (e.g., severe weather, environmental disasters, riots, strikes, war, terrorism threats, warnings or acts, epidemics or pandemics, official orders or bans, death, illness, or travel restrictions of an artist), the ticket purchaser's right to a refund or exchange for the next edition of the event is generally excluded, with the following exceptions. All claims by stand operators or other contractual partners, regardless of the legal grounds, are also excluded, particularly claims for lost profit, loss of use, already made merchandise purchases, or use of other services related to the event.
In the event of cancellation or interruption, the organizer will make an effort to reschedule the event as soon as possible and reasonably feasible. If the event is postponed or rescheduled, tickets for the event remain valid.
In case of cancellation due to the Covid-19 pandemic or a postponement, a refund of the ticket price (up to 90% of the nominal value) will only be possible if the refund request and any return of the ticket are made in time to the organizer. "In time" means that the request and return must occur within the refund period of 60 days, which will be communicated by the organizer after the postponed date.
Liability for further damages, including travel and accommodation costs or other expenses incurred in connection with the event, is excluded.
12. Payment Terms
The organizer generally adheres to a payment term of 60 days.
Advance payments are made according to the contractual agreements.
13. Final Provisions / Jurisdiction
Changes to these General Terms and Conditions must be made in writing.
No side agreements will be made.
The organizer reserves the right to change these General Terms and Conditions at any time. Changes are deemed accepted if not actively opposed within 30 days of publication.
The General Terms and Conditions are part of all contracts concluded with OpenAir St.Gallen AG.
For all disputes related to these General Terms and Conditions, the agreed jurisdiction and place of performance is St. Gallen.
