General Terms and Conditions of the GOP Artistical-Theater Essen

by GOP Varieté Essen GmbH & Co. KG (hereinafter referred to as “GOP”)

1. Scope

1.1. These General Terms and Conditions (GTC) apply to all deliveries and services of GOP Essen (GOP Varieté Essen GmbH & Co.KG) in connection with the sale and delivery of admission tickets (tickets), vouchers, packages, or merchandise items.

1.2. The contractual partner of the purchaser and thus the user of these GTC is the organizing GOP Essen. This also applies to admission tickets sold through authorized advance booking offices.

2. Conclusion of contract

2.1. Sale of admission tickets (including/excluding gastronomic services)/merchandise items

The customer submits a legally binding offer to conclude a contract in the online shop when they have completed the ordering process by entering the requested information and clicked the button “Pay now” or, in the case of a telephone booking, provided the requested information there. After receipt of the order (online, by post, or by telephone), the customer receives an order confirmation from GOP, which does not yet constitute acceptance of the offer. Acceptance of the offer takes place only upon dispatch of the ordered admission tickets or upon receipt of the e-mail including the ticket link for self-printing.

2.2. Sale of events

An event within the meaning of these GTC is defined in particular by the fact that it goes beyond the mere ordering process. An event requires individual agreement. GOP's offers for an event are valid, unless expressly stated otherwise in writing, for two calendar weeks, including Saturday and Sunday. In order to confirm the offer, the event offer must be signed in a legally binding manner - for companies with full company details, including stamp
- Once GOP has received the booking in text form, the booking is made.

3. Price components / payment terms / delivery

3.1. Sale of admission tickets (including/excluding gastronomic services)/merchandise items

3.1.1. The price offered on the day of order is binding. All prices include value-added tax plus any packaging and shipping costs. The total price of the order including all fees is due for immediate payment after the order or conclusion of contract. Payment can be made in cash, by bank transfer,  by credit card (VISA Card, Euro Mastercard), or by SEPA direct debit. The tickets remain the property of the company until full payment has been received.

3.1.2. Shipping of the ordered admission tickets (tickets), packages, or merchandise items is at the customer's risk via Deutsche Post. GOP accepts no liability for postal transit times.

3.2. Events

3.2.1. For a booking with a total value below 4,000.00 euros, the entire offer price is due immediately. For a total value above 4,000.00 euros, 50% of the total contract price must be paid six calendar weeks before the start of the event, and the remaining 50% two calendar weeks before the event. If payment deadlines are exceeded, GOP reserves the right, at its discretion, to resell elsewhere or to hold the customer liable. The price offered on the day of order is binding. All prices, unless expressly stated otherwise, are end-user prices and include the value-added tax legally applicable at the time.

3.2.2. Dispatch of the documents is at the customer's risk via Deutsche Post. GOP accepts no liability for postal transit times.

4. Retention of title

4.1. In the case of a consumer, GOP retains title to the purchased goods until the invoice amount has been paid in full.

4.2. If the customer is an entrepreneur acting in the exercise of their commercial or independent professional activity, a legal entity under public law, or a special fund under public law, GOP retains title to the purchased goods until all outstanding claims arising from the business relationship with the customer have been settled.

5. Cancellation / exchange / consignment / refund

5.1. Sale of admission tickets (including/excluding gastronomic services)/merchandise items
Tickets issued to customers or online ordered tickets for self-printing are excluded from return for reimbursement of the purchase price. If GOP takes back issued tickets for consignment resale, to which the customer has no claim, this is only possible if the original admission tickets are returned to GOP by the customer. A refund can only be made in the amount of the achieved resale price. For this purpose, an additional rebooking fee of 5.00 euros per ticket is charged up to 21 days before the start of the event. Should the booked event be prohibited for public-health reasons, GOP is entitled to reschedule the booked date or to exchange it for a value voucher.

5.2. Events

5.2.1. Flex option
The optional “Flex option” that can be booked in addition to a ticket entitles the holder to a one-time exchange of a ticket (including optionally booked catering services). Excluded from exchange are optionally added third-party services (such as hotel accommodation and/or external events. No reasons need be given for the exchange. The exchange can only be made in writing via the online form at www.variete.de/flex  at most 24 hours before the booked event. After that, the “Flex option” expires without replacement. A cash payout of the ticket amount is not possible with the “Flex option”.

The exchange can be made into a voucher that can be purchased regularly at the time of exchange or for a new event date for which the original booking was also made. The exchange is only possible within the same or a better price category (PK) and with the same arrangements as the originally selected ticket. Additional payments may be charged, if applicable, for choosing a better category, reselecting the “Flex option”, additional booked catering services, or the chosen shipping method.

Services already provided with the original booking, such as shipping costs, system fee, as well as the costs for the “Flex option”, will not be refunded. The “Flex option” entitles the holder to exchange for regularly available tickets at regular prices (current full prices in each case). If the “Flex option” was purchased together with a ticket as part of a separate price promotion, the exchange within this price promotion can only take place before its expiry and subject to availability. Otherwise, regular prices apply.

The “Flex option” can be added again to the new tickets for an additional fee, provided it is available for the selected performance.

The exchange can only be made subject to availability. Please note that individual performances and/or productions may already be sold out, for example, that price promotions are not available for every seat and date, or that productions have a limited run at one location.

The “Flex option” applies only to private customers and to a maximum group size of 9 people. In the event of recognizable abusive intent (such as price speculation or use on a mass scale), we reserve the right to refuse the exchange despite the “Flex option”.

5.2.2. Cancellation / change in number of persons for groups of 10 or more
In the event of cancellations (cancellation of the contract without replacement) or changes in the number of persons, the cancellation fees listed below apply:

1.  60 to 45 days before the start of the event 25 % of the total contract price

2.  44 to 21 days before the start of the event 50 % of the total contract price

3.  20 to 8 days before the start of the event 75 % of the total contract price

4.  within shorter notice periods 100 % of the total contract price

A reduction of the ordered number of participants by up to 10 % for groups of up to 100 people and by up to 15 % for groups of more than 100 people is possible free of charge up to two calendar weeks before the event day and must be made in writing.
After that, we charge 100%  of all contractually agreed services in proportion to the agreed number of persons.  This also includes additional services such as hotel rooms, artists, bands, etc. Any cost reductions resulting from cancellation of the event will be passed on by GOP to the customer.

5.2.3. Cancellation by GOP

GOP is entitled to withdraw from the contract with a purchaser (right of withdrawal reserved) if, after the respective conclusion of the contract, it turns out that the premises at the event location are needed by GOP for another event on the event day and the event for which the purchaser acquired tickets therefore cannot take place. In this case, GOP will immediately declare the withdrawal to the purchaser in writing and promptly refund any services already rendered by the purchaser against return of the tickets.

6. Additional provisions for voucher sales

6.1. The vouchers are valid for three years from the date of issue, unless a different expiry date is printed on the voucher or another written agreement on the redemption period has been made.

6.2. With vouchers, there is no entitlement to attend a specific event. Participation rather depends on GOP still having free capacity available for the respective event. The customer must inquire with GOP about availability.

6.3. Activation and release of the voucher may take up to five working days. Vouchers purchased online can be redeemed at the earliest from the sixth day after purchase.

6.4. All vouchers sold are value vouchers, with the result that in the event of price increases between the time of purchase and redemption, the difference must be paid by the customer.

7. Staffing / unavailability of the artists / course of the show program

GOP reserves the right to reschedule the event date for good cause. Good cause includes, for example, force majeure, illness-related unavailability of artists, etc. The admission tickets remain valid. Admission fees will be refunded only if the event is generally canceled, up to two weeks after publication of the cancellation. For the information of the ticket holder, the cancellation may be published in local print media or on the radio, or, if a telephone number was left, also by telephone notification. GOP reserves the right to change the announced cast of the show program at short notice. If one or more artists do not appear in the program on one or more days, GOP will provide appropriate replacement. This does not give rise to any warranty claim, in particular no right of return or right to a price reduction for the tickets purchased. If, as a result of force majeure, including extreme weather conditions, events have to be carried out late, in a different order, or in shortened form, this does not give the customer any right to return or to a reduction of the purchase price.

8. Decoration / advertising materials / GEMA

The attachment or setting up of decorations and advertising materials or other objects by the customer is permitted only with GOP's consent. These and other objects brought in by the customer must comply with local fire-safety and legal regulations; the objects are to be removed after the end of the event. The customer is liable without proof of fault for damage to GOP's fixtures or inventory caused during set-up or dismantling or during the event. GOP pays the GEMA fees for all musical and artistic performances scheduled to be presented at GOP. All further GEMA fees arising from musical, artistic, or other GEMA-liable services additionally ordered or brought in by the customer shall be borne by the customer.

9. Cloakroom

In the event of damage to the customer's clothing or other items caused by GOP, GOP is only liable if the damage is reported to GOP immediately. GOP accepts no liability for damage reports submitted later. In the event of culpable soiling of clothing or other items by GOP, liability is assumed for the cleaning costs. If cleaning is impossible, GOP will compensate for the damage. For this purpose, the customer must provide the necessary information (receipts or proof of purchase price) and hand over the item of clothing or object.

10. Limitations of liability

10.1. GOP is liable in cases of intent or gross negligence by the company or a representative or vicarious agent, as well as in the event of culpably caused injury to life, body, or health, in accordance with the statutory provisions. Otherwise, GOP is liable only under the Product Liability Act, for the culpable breach of essential contractual obligations, or insofar as GOP has fraudulently concealed a defect or assumed a guarantee for the quality of the service. However, the claim for damages for the culpable breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless one of the other cases listed in sentence 1 or 2 above also applies.

10.2. The provisions of the preceding paragraph 10.1. apply to all claims for damages (in particular for damages in addition to performance and damages instead of performance), regardless of the legal basis, in particular due to defects, breach of duties arising from the obligation relationship, or tort. They also apply to claims for reimbursement of wasted expenditure.

10.3. The provisions under paragraph 10.1. and paragraph 10.2. apply in the same way to liability for impossibility, in particular for the cancellation of an event due to force majeure or similar circumstances and events for which GOP is not responsible (e.g. official orders, bomb disposals, evacuations, strikes, curfews, etc.).

11. Right of withdrawal

11.1. Exclusion of the right of withdrawal and return when purchasing tickets and vouchers

Pursuant to § 312g paragraph 2 no. 9 of the German Civil Code (BGB), there is no right of withdrawal or return when purchasing tickets and vouchers for a leisure event (here: show performance). This also applies to contracts concluded by means of distance selling (using means of distance communication such as fax, e-mail, internet, or telephone). Each order of admission tickets or vouchers is therefore binding immediately upon confirmation by the provider and obliges the customer to accept and pay for the ordered tickets.

11.2. Withdrawal for the purchase of merchandise items

Pursuant to § 13 BGB, every customer has a right of withdrawal when purchasing merchandise items. You may withdraw from your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is handed over to you before the deadline expires - by returning the item. The period begins after receipt of this notice in text form, but not before receipt of the goods by the recipient and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and not before fulfillment of our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the withdrawal period, it is sufficient to send the withdrawal or the item in good time. The withdrawal must be addressed to the respective GOP Varieté Theater.

11.3. Consequences of withdrawal

In the event of an effective withdrawal from a contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choosing a method of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the 14-day period. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their quality, characteristics, and functioning.

12. Commercial resale

Commercial resale of GOP vouchers or admission tickets is prohibited unless expressly permitted by GOP.

13. Set-off

The customer is only entitled to offset claims against GOP if their counterclaims have been legally established, are undisputed, or have been acknowledged by GOP.

14. House rules

The staff exercises house rules on behalf of GOP. Visitors may be expelled from ongoing events if they disrupt them and also disturb other visitors. In addition, the operator may issue a ban from the premises against such persons. No (partial) refund of the admission price shall be made.

15. Final provisions

We accept no liability for misconduct by our guests. When disturbances to technical or other facilities are remedied in a reasonable manner, the assertion of rights of retention and warranty rights, in particular rights of reduction, is not permitted. If one or more provisions of these General Terms and Conditions are ineffective or invalid, the remaining provisions shall remain unaffected. In place of the ineffective or invalid provisions, a provision shall apply that comes closest to the economic or legal purpose of the invalid or ineffective provision and could have been validly agreed. The place of jurisdiction is the respective location of the GOP Varieté Theater. The place of performance is the respective GOP Varieté Theater or the named event location. The contractual relationships between the organizer and the customer are governed exclusively by German law.

Version August 2025