General terms and conditions of sale
Please find below our general terms and conditions of sale and some additional information related thereto.
Article 1 – Contractual relationship
1.1 – The present General Terms and Conditions of Sale (hereinafter referred to as « GTC« ) are applicable to all tickets purchases made by an individual or a legal entity (the « customer« ) from the Cully Jazz Festival Association (hereinafter referred to as the « organizer« ) by any means whatsoever.
1.2 – The customer is invited to carefully read the GTC which aim to define the contractual relationship between the customer and the organizer, as well as the conditions applicable to the purchase of tickets online or at the ticket office.
1.3 – The original language of these GTC is French. In case of translation of all or part of these conditions, only the original French text is authentic (see https://cullyjazz.ch/fr/conditions-generales).
1.4 – The confirmation of the order by the customer leads to the conclusion of the final contract. This implies the unreserved acceptance by the customer of the entirety of the GTC, which the customer acknowledges having read prior to the validation and / or payment of the customer’s purchase. The customer accepts the provisions concerning security, and additional rules and regulations, relating to the access to the concert rooms or any other place of performance.
1.5 – The customer is aware that in the event that these regulations are not complied with, the organizer will refuse the access to the customer to the concert rooms without compensation. Additional rules and regulations will be published on the organizer’s website, or directly on the tickets, or at the entrance of the concert room of the concerned performance.
1.6 – The applicable GTC are those in force on the date of the purchase of the ticket. The organizer reserves its right to adapt or modify these GTC at any time and without prior notice, to the full extent permitted by law.
1.7 – The liability of Infomaniak (hereafter, the « supplier« ) towards the customer is limited exclusively to the role of service provider. The supplier cannot be held responsible for any change decided by the organizer.
Article 2 – Ticket prices and regulations
2.1 – The prices of the electronic tickets are indicated in CHF, including sales expenses and 2.5% VAT.
2.2 – All orders made on the organizer’s website are only payable via the Internet (see Art. 3).
2.3 – All orders made at the organizer’s ticket office counter are payable in cash (Swiss Francs only) or by credit card.
2.4 – In case of loss, theft of the ticket or cancellation of the event, no refund can be requested, except under additional conditions provided for by the organizer (see Art. 7).
2.5 – The organizer reserves its right to modify its prices at any time, but the tickets will be invoiced on the basis of the prices in force at the time of the order and the customer will be informed of these before the confirmation and conclusion of the final contract.
Article 3 – Payment by Internet
3.1 – The payment methods are limited to the following credit cards: Visa, Mastercard and Carte Bleue via Yellownet as well as Postcard via Postfinance.
3.2 – The supplier has entrusted its online payment system to a service provider specialized in the security of online payments. This service provider guarantees the total confidentiality of the customer’s banking information, secured by means of the SSL protocol, which systematically checks the validity of access rights during the customer’s payment by credit card and encrypts all exchanges in order to guarantee confidentiality of data.
Article 4 – Purchase validation
4.1 – When the customer ticks the box « I have read, understood and accept these general terms and conditions of sale » and by clicking on « validate » when choosing the payment method, the customer acknowledges and agrees that the customer accepts these GTC without reservation. The data recorded by the Infomaniak electronic ticketing service are deemed constituting the proof of all the transactions made.
4.2 – The order is definitively registered when the customer has accepted the GTC, validated his/her payment and received a confirmation by e-mail from the organizer. This e-mail does not have the value of a ticket.
4.3 – In case of rejection of payment by the payment center, the booking and purchase transaction are automatically cancelled.
4.4 – All bookings and purchases are firm and final: no cancellation or modification will be possible once payment has been confirmed.
Article 5 – Mobile ticket, e-ticket and printing
5.1 – The mobile ticket can be downloaded into a portable electronic device (e.g. mobile phone, tablet), in the case of an online order. The customer must present it at the entrance of the concert venue with a charged and switched on portable electronic device.
5.2 – In the case of paper printing, the e-ticket is only valid if it is downloaded and printed on white A4 paper, blank on both sides. Entrance into the concert venue is subject to checking the validity of the customer’s e-ticket via the three printed barcodes.
5.3 – Good quality printing is required. Partially printed, soiled, damaged or illegible e-tickets will not be accepted and will be deemed invalid. In the event of a technical incident or poor printing quality, the customer must print the e-ticket again. In order to check the quality of the print, the customer must ensure that the information written on the e-ticket, as well as the barcode, is readable.
Article 6 – Practical information and conditions of access to the concert room
6.1 – As a general rule, the organizer strongly advises the customer to arrive at least 30 minutes before the start of the concert.
6.2 – Persons with reduced mobility are invited to contact the organizer at least 24 hours in advance by telephone at 021 799 99 00 and to present themselves ideally one hour before the doors opening at the entrance of the concert venue to benefit from adapted seats and the best possible accompaniment.
6.3 – In the event of presentation after the time indicated on the ticket, late customers will only enter at an appropriate time following the instructions given at the entrances.
6.4 – Within the event, customers undertake to respect the rules of good conduct and safety set forth by the organizer. Furthermore, the purchase of an e-ticket implies the customer’s adherence to the internal regulations of the event venue / concert room.
6.5 – It is strictly forbidden to photograph, film or record the concert.
6.6 – Each ticket entitles the holder to a single seat, and the same applies to children, regardless of their age. The organizer reminds the children’s parents or other legal representatives that the concert halls and the sound level are not suitable for babies, strollers and small children, unless otherwise indicated on the ticket.
Article 7 – Cancellation or interruption of concert
7.1 – An e-ticket cannot be taken back, exchanged or resold unless the organizer has given prior written consent for the tickets to be refunded.
7.2 – The organizer reserves the right, unilaterally and at its sole discretion, to modify the program or the artistic distribution for cause, or if the conditions are not met to allow the due performance of the planned concert. These changes do not entitle the participant to any refund.
7.3 – The following situations entitle the customer to a refund of the tickets:
- Definitive cancellation of a concert due to the organizer and solely attributable to the organizer; or
- Interruption of the concert before the half of its duration.
In such cases, the customer must send a request for a refund of the ticket(s) by e-mail to the organizer at firstname.lastname@example.org indicating the order number and the unused ticket numbers as well as the customer’s bank details, and this within one month at the latest after the date of validity of the ticket(s). No refund request will be considered and addressed after this period.
The organizer cannot be held responsible, if the provided e-mail address contains errors.
7.4 – The customer acknowledges and agrees that the organizer will not be held responsible in the event of « Force Majeure », i.e. any exceptional event beyond the organizer’s reasonable control, which would prevent the organizer from fulfilling its obligations under these GTC, such as war, civil war, strikes, shortages of raw materials, terrorism, unavailability of essential equipment, severe damage or destruction of infrastructure by fire, earthquake, severe storm, hail, storm or hurricane, epidemics, pandemics, endemic crisis, government restrictions and/or bans and failure of public services or public transport. For the sake of clarity, any reduction / modification of the size of the Cully Jazz Festival, or change in its program and/or artistic distribution, postponement or cancellation of the Cully Jazz Festival, linked to an event of Force Majeure, is/are considered as an event of Force Majeure.
In such cases, the organizer may, at its sole discretion, consider a request for a refund of the ticket(s) by the customer. To do so, the customer must send a request for a refund by e-mail to the organizer at email@example.com, indicating the order number and the unused ticket numbers. The organizer undertakes to examine each request for refund and to provide its determination on a case-by-case basis. The organizer reserves the unilateral right, at its sole discretion, to determine an alternative solution, for example the postponement of a concert and the right to re-use the tickets purchased by the customer.
The organizer cannot be held responsible, if the provided e-mail address contains errors.
7.5 – If the organizer decides to refund the tickets, only the price indicated on the ticket will be refunded. If the ticket has been personalized by the customer in favor of the holder without a price category, for example with the mention « Complimentary ticket » or « Gift ticket » or « Invitation », the customer must refer to the amount paid on the invoice of the booking, and if necessary contact the organizer.
Article 8 – Governing law and jurisdiction
8.1 – These GTC, their application or validity shall be subject to Swiss law, to the exclusion of its conflict of laws rules.
8.2 – Any discrepancy, dispute or litigation shall be finally submitted to the competent ordinary courts of the district of Lavaux-Oron / of the district of Est-Vaudois, subject to an appeal to the Federal Tribunal.