IMPORTANT – PLEASE READ
VOID WHERE PROHIBITED BY LAW
Your purchase of Cirque du Soleil® tickets through this online service is subject to and hereby incorporates the legally binding terms and conditions set out in the Terms and Conditions and in the Privacy Policy as well as in any other policies of this website. This is a legal document that describes your rights and responsibilities as a user, including important information on the purchase of tickets or other products and on the Cirque Club discussion forum. In case of doubt, this Purchase Agreement for Tickets shall prevail. When reference is made to this "Agreement", it shall include the Terms and Conditions and the Privacy Policy. You can also read and accept this Agreement in German. If you have any questions about this Agreement, please feel free to Contact Us.
By using our website, you agree to these Terms and Conditions. Therefore, if you do not agree to these Terms and Conditions or any other Cirque du Soleil® policies, do not use this website.
The Internet is evolving, and so is Cirque du Soleil®. This means that there will be changes to our website, and Cirque du Soleil® may modify the website's Terms and Conditions from time to time. Any modifications to our Terms and Conditions will be disclosed on this page and sent via email to you, if you disclosed your email address. If you do not contest the modifications within a period of six (6) weeks, such modifications will be deemed to be accepted by you.
CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS
Parties
The parties to this Agreement are:
NAGA LUXEMBOURG S.A.,in respect of the KOOZA show presented in Germany.
(“Cirque du Soleil”)
Luxembourg Trade and Companies register: B-151808
16 Avenue Pasteur
L-2310 Luxembourg
Grand Duchy of Luxembourg
Email: contact@cirquedusoleil.com
- AND –
You (also referred to as the "Customer")
Delivery
These tickets can either be delivered by regular mail at the postal address you indicate, by e-mail at the e-mail address you indicate or, when such option is possible, by will call (pick-up).
If you choose to receive the tickets by e-mail, just print your e-tickets and present them at the show. Note that certain delays and convenience fees (as described in detail during the purchase process) are applicable depending on the delivery mode you choose in your Order Information.
Conclusion of Contract and Order Confirmation
Hereby you agree on buying the tickets according to your order and Cirque du Soleil agrees on selling these tickets. Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number. You must keep your confirmation number.
If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of tickets process. In such case, Cirque du Soleil shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of tickets through this website, including without limitation, the failure of a transaction to be completed or confirmed.
Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the tickets. In such case, Cirque du Soleil's Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Cirque du Soleil is unable to reach you after an initial attempt due to incorrect billing information or credit card information, it shall reserve the right to cancel your order and sell your tickets to another customer. In this case you will be informed immediately, as far as correct contact information is available.
Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full cost of the tickets ordered, including any applicable taxes and delivery, convenience and other fees (as described in detail in the buying process).
Refunds and Exchanges
The tickets can be returned up to seven (7) days before the beginning of the show. The initial service fee will not be reimbursed and a cancellation fee will be charged to the customer. To ask for a refund or to obtain any information about the refund process, including the details of the cancellation fee, please contact Cirque du Soleil via contact@cirquedusoleil.com. The cancellation of each ticket will be confirmed only once the confirmation will be sent by Cirque du Soleil to the customer.
You must review your ticket selection before you submit and confirm your order. Exchange may be possible upon immediate notification to Cirque du Soleil of any mistake made during the tickets purchase process.
Cancelled and/or Postponed Shows
When a show is cancelled or postponed, Cirque du Soleil will, at customer’s sole discretion, either offer an exchange or a refund. Cirque du Soleil will inform you if a show is cancelled or postponed. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate processing of your refund or exchange, as applicable.
Cancellation of VIP Rouge Tent
If you have purchased any VIP Rouge tickets, Cirque du Soleil reserves the right to close the VIP Rouge tent at its own discretion. Cirque du Soleil will, at your sole discretion, either offer you an exchange of VIP Rouge tickets or a refund of the VIP Rouge tickets. Cirque du Soleil will promptly inform you of its decision to close the VIP Rouge tent.
Late Comers
The show starts on time and latecomers are admitted only during a suitable break in the performance. Late-coming wheelchair-users can only be admitted at the intermission.
Right to Cancel Tickets, Refuse Access and Expel
Cirque du Soleil reserves the right to cancel any tickets or order of tickets through this website and to institute legal proceedings against you if you grossly breach any terms and conditions of this Agreement or this website.
Cirque du Soleil reserves the right to request photo ID of the ticket holder.
In the event any person attending a show is judged unmanageable or exhibits behaviour which is considered inappropriate, or grossly fails to comply with Cirque du Soleil rules, Cirque du Soleil reserves the right to, without any refund or compensation, to terminate such person's license to attend the show. Tickets shall not be redeemable for cash.
Recording, Transmission and Publication
All cameras, tape recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the show. You hereby grant Cirque du Soleil the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the show in any means or circumstances for the usual purposes, without any further permission or compensation.
Changes in the show
Due to the nature of the acts in the show, changes in the cast may occur. In addition, the content and duration of the show may differ from time to time.
No Resale
Any resale of tickets is strictly prohibited. Cirque du Soleil reserves the right to cancel the license granted under the tickets in connection with any fraudulent sale of such tickets, without refund or other compensation. This ticket may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without the prior written authorization of Cirque du Soleil.
Use of Personal Information
Cirque du Soleil will collect, process, use and transfer customer data and data, which is recorded in context of the website’s use, only to the extent necessary for the initiation, performance and termination of the process. A more extensive use of customer data will only be accomplished after the customer’s prior consent.
Archiving
This Agreement will be archived and available for consultation, upon request, at contact@cirquedusoleil.com.
LIMITATION OF LIABILITY
Cirque du Soleil shall be liable without limitation for damage arising from culpable harm to life, body or health. This shall also apply to mandatory liability under the German Product Liability Act.
Cirque de Soleil shall only be liable for any other damage if such damage is based on willful intent or gross negligence of its legal representatives, employees or vicarious agents. Where Cirque du Soleil is not accused of willful intent, the liability for compensation of damages shall be limited to the foreseeable damage, typically occurring with such contracts. In addition, Cirque du Soleil shall only be liable in the event of slight negligence if material contractual obligations have been violated. Material contractual obligations shall be such obligations the fulfillment of which only enables the proper performance of the contract and which the contractual party may regularly rely on to be fulfilled. Even in the event of a violation of material contractual obligations, the liability shall be limited to the foreseeable damage, typically occurring with such contracts.
To the extent to which Cirque du Soleil in cases of gross negligence is liable for other damage within the meaning of paragraph 2 of this provision, such liability shall be limited to EUR 50,000.
To the extent to which Cirque du Soleil in cases of slight negligence is liable for other damage within the meaning of paragraph 2 of this provision, such liability shall be limited to EUR 10,000.
Cirque du Soleil shall not be liable for the loss of data and/or programs to the effect that the damage is based on customer having failed to back up data and to thereby assure that lost data may be retrieved with reasonable effort.
Where Cirque du Soleil uses texts, images or similar materials from customers, the customer shall be solely responsible for the legal admissibility (especially in terms of copyright law and trademark law) of such materials.
Cirque du Soleil shall not be liable for damage caused due to technical faults or defects of other suppliers or other third parties.
All claims resulting from the visit of the show, for which the ticket was bought, the use of the website of Cirque du Soleil or from these Terms of Use (safe for claims for willful misconduct) shall expire in one year at the end of the year in which the claim came into existence and the customer had knowledge of the facts legitimating the claim and the person of the creditor or should have had knowledge without acting grossly negligently.
Indemnification
You are responsible for your postings on our website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our website or if somebody else uses your name or your password to cause damage to our website or harm to Cirque du Soleil, you will be held responsible. Do not reveal your password to anyone.
Applicable Laws
This Agreement is governed by the law of your residence. Your address is deemed to be the one indicated on your Order Information. UN sales convention (CISG) does not apply.