Stadium regulation Brackel
In exercise of the house and organizational rights of Borussia Dortmund GmbH & Co. KGaA, Rheinlanddamm 207-209, 44137 Dortmund (hereinafter referred to as "Borussia Dortmund" or "BVB") as the owner and user, the following training and playing ground regulations "Training and Playing Ground Brackel" are issued:
§ 1 Scope
These training and playing ground regulations serve the orderly use and ensure the safety of the enclosed training and playing ground Brackel, Adi-Preißler-Allee 9, 44309 Dortmund, (hereinafter referred to as "Training and Playing Ground") including its buildings and all facilities, including the stadium, entrances and exits, as well as the adjacent parking areas, which are available for use by visitors during events at the training and playing ground (hereinafter referred to as "Facilities"). By entering and/or driving into the facilities of the training and playing ground, the visitor declares his agreement with the validity of these training and playing ground regulations, which he has also taken note of by posting at the entrances.
§ 2 Stay and Admission Regulations
(1) Only persons who carry a valid ticket, i.e., a day ticket, or another authorization (e.g., accreditation or employee ID) or who can prove their right to stay for this event in another way are allowed to stay on the training and playing ground and in the facilities. Children up to the age of 7 are only allowed to enter when accompanied by an adult. Persons who rely on the accompaniment of assistants are only allowed to enter with a companion who is at least 16 years old, does not require any technical or mechanical aids (e.g., wheelchair, walker), and also has an admission authorization.
(2) The admission authorization is only valid for the lawful purchase of tickets, i.e., day tickets or other authorization passes. In general, the commercial and unauthorized resale or transfer of tickets, as well as the unauthorized use of Borussia Dortmund's logos, trademarks, copyrights, and other rights in the preparation, execution, and/or handling of a private transfer or sale of tickets over 10% of the original ticket price, especially over the internet, is prohibited and may result in the cancellation of the corresponding tickets without compensation. The General Ticket Terms and Conditions of Borussia Dortmund apply, particularly for the private transfer of tickets according to clauses 8.2 and 8.3. Further sanctions or claims by BVB remain unaffected.
(3) Spectators must observe the communicated time indications for admission. Tickets and authorization passes must be presented within the training and playing ground and its facilities upon request by the police or the control and security service. For security reasons and to avert dangers, visitors are obliged to take other seats upon instruction by the police or the control and security service. The training and playing ground and its facilities, especially the pitch, corridors, and other traffic areas, must not be used as storage areas unless there is a contractual right to do so in individual cases.
(4) A ticket only loses its validity after the event has ended; this also applies to holders of other authorization passes regarding access rights on the specific match day.
(5) To ensure and optimize security on the training and playing ground and to support the work of law enforcement authorities, the stadium and parts of its surroundings are monitored by video according to Art. 6 para. 1 sentence 1 f) GDPR in conjunction with § 4 of the Federal Data Protection Act ("BDSG"). Additionally, law enforcement authorities may also use video surveillance systems on match days for hazard prevention and law enforcement in accordance with the legal provisions applicable in the Federal Republic of Germany. Corresponding recordings made by a video surveillance system are treated confidentially by the club or the law enforcement authorities but can serve as evidence, especially in cases of suspected or actual criminal offenses. The same applies to image and sound recordings made according to § 3, which can be transmitted to authorities or courts upon request according to Art. 6 para. 1 sentence 1 c) or f) GDPR for these purposes. If an event recorded by a video surveillance system is conducted without incident, the recordings will be deleted in compliance with the data protection regulations applicable in the Federal Republic of Germany, particularly the GDPR and the BDSG. The responsible entity in terms of the GDPR is: Borussia Dortmund GmbH & Co KGaA, Rheinlanddamm 207-209, 44137 Dortmund, Phone: 0231 / 9020-0; Email: [email protected].
§ 3 Recordings of Spectators at Events
(1) Recordings of spectators or visitors at events: For public reporting on the event and the competition as well as for their promotion, the club and the respective association responsible according to § 3 para. (2) or third parties commissioned or otherwise authorized by them (e.g., broadcasting, press) may independently create image and sound recordings according to Art. 6 para. 1 sentence 1 f) GDPR, which may show the ticket holder as a spectator of the respective event. These image and sound recordings may be processed, utilized, and publicly reproduced by the club and the respective association responsible according to § 3 para. (2) and the companies associated with them according to § 15 AktG as well as by third parties authorized by them (e.g., broadcasting, press) according to Art. 6 para. 1 sentence 1 f) GDPR.
(2) Responsible association: The following associations are responsible for organizing the sporting competitions in which the club participates: a) German Football Association e.V. with its headquarters at Otto-Fleck-Schneise 6, D-60528 Frankfurt/Main; b) West German Football Association e.V. (WDFV) with its headquarters at Friedrich-Alfred-Allee 11, 47055 Duisburg; c) UEFA Youth League: UEFA with its headquarters at Route de Genève 46, CH-1260 Nyon; d) DFL Deutsche Fußball Liga e.V. with its headquarters at Guiollettstraße 44-46, D-60325 Frankfurt am Main; e) Football and Athletics Association of Westphalia e.V. (FLVW), Jakob-Koenen-Str. 2, 59174 Kamen.
§ 4 Use of Parking Areas
(1) When entering the training and playing ground and/or its facilities, the visitor is obliged to show their parking or access authorization or other authorization to the control and security services without being asked and to hand it over for verification upon request.
(2) The use of the parking areas is at one's own risk. The organizer does not owe any surveillance, custody, or monitoring of the vehicle or its contents, nor the provision of vehicle-specific insurance coverage.
(3) The opening hours vary and depend on the match schedule or event. Any notices must be observed by the visitor or user. There is no entitlement to specific opening hours. The maximum parking duration is up to 3 hours after the end of the match or event unless a written special agreement has been made or a separate notice has been posted.
(4) Vehicles must be driven at walking speed. The instructions of the control and security services as well as markings and signs must be followed. Vehicles may only be parked within the marked or assigned parking spaces. Otherwise, the regulations of the StVO (German Road Traffic Regulations) apply.
(5) Staying on the parking lot grounds, which is not related to parking a vehicle for the purpose of visiting a match or subsequent pick-up, is prohibited unless the organizer has designated a specific use for the parking areas for an event. Camping or cleaning and/or repairing vehicles is prohibited. This also applies to parking defective vehicles, storing or depositing fuels, flammable items of any kind, and waste, honking, "warming up the engine," and other disturbances caused by avoidable emissions and noises.
(6) The organizer may relocate and/or remove vehicles parked at the visitor's and user's expense and risk, especially if (a) the parking authorization for the match or event has expired; (b) a parked vehicle poses a danger due to a leaking tank or carburetor or other defects; (c) a parked vehicle is not legally registered or is taken out of service by the authorities during the contract period; (d) the vehicle is parked without authorization, especially on traffic areas or incorrect parking spaces.
(7) The visitor and user of the parking area are liable for all damages caused by themselves or their companions to the organizer or third parties. This includes culpably caused pollution of the parking lot through behavior that goes beyond permissible common use. This particularly includes the disposal of waste.
(8) The organizer is not liable for damages caused by other visitors or third parties. This particularly applies to property damage, theft of valuables from the vehicle (e.g., car radio, phone, personal valuables, computer, photo equipment, sports equipment, or similar) or items attached to or on the vehicle, unless the organizer is at fault according to § 10 of these training and playing ground regulations, which otherwise applies additionally.
§ 5 Entrance Control
(1) Every visitor is obliged to show their ticket or authorization pass to the control and security service without being asked and to hand it over for verification upon request when entering the training and playing ground and/or its facilities. In the case of personalization, an appropriate official identification document (e.g., identity card, passport) must be carried to prove identity and shown upon request by the club and/or security personnel.
(2) The control and security service and the police are authorized to search persons – also using technical aids – to determine whether they comply with the prohibitions of § 8 of these training and playing ground regulations and/or whether they pose a security risk due to alcohol or drug consumption or carrying weapons or dangerous or flammable items. The search particularly extends to outer and leg clothing, footwear, and carried items (e.g., bags).
(3) Persons who cannot prove their right to stay and/or violate the prohibitions of § 8 of these training and playing ground regulations and/or pose a security risk and/or disregard any time indications for admission [§ 2 para. (3)] may be refused entry and/or prevented from entering the training and playing ground. The same applies to persons who have been banned from the stadium by Borussia Dortmund GmbH & Co. KGaA and/or the WDFV, DFB, and/or the DFL and/or a club of the DFL and/or UEFA and/or FIFA within the Federal Republic of Germany. In the latter case, the organizer is obliged to file a criminal complaint. There is no claim for reimbursement of the entrance fee for the refused visitors.
(4) Every visitor acknowledges that entering the training and playing ground regarding a possible infection with Covid-19 or comparable infections is at their own risk. BVB expressly points out to all visitors that despite observing hygiene and precautionary measures, it cannot be ruled out that visitors may become infected with Covid-19 or comparable infectious diseases during their visit to the training and playing ground. Every visitor further acknowledges that in the event of a pandemic situation, events may not take place in the usual form due to club, association, and/or official requirements and/or measures and/or legal provisions.
§ 6 Behavior on the Training and Playing Ground
(1) Within the training and playing ground, every visitor must behave in such a way that no one else is harmed, endangered, or – more than is unavoidable under the circumstances – hindered or harassed. This includes all forms of discrimination and transgressive behavior.
(2) Visitors must follow the instructions of the police, fire department, control, security, and rescue services, the event manager, the safety officer, and the stadium announcer.
(3) All entrances and exits, rescue and escape routes, and emergency doors or gates must be kept clear and must not be obstructed or otherwise altered in their function; emergency doors or gates may only be opened in an emergency.
(4) Notwithstanding these training and playing ground regulations, the persons mentioned in para. (2) may issue necessary orders to prevent or eliminate dangers to life, health, or property, which must also be followed.
(5) Staying on the training and playing ground for the purpose of media reporting on the event (television, radio, internet, print, photo) and/or collecting game data is only permitted with the consent of BVB and in the areas specifically designated for these purposes. Without the consent of BVB, it is not allowed to collect and/or transmit and/or produce sounds, photos, and/or images, descriptions, and/or information or data about the course of the game (e.g., event and/or position data), behavior, or other factors in a game or any kind of recording of audio, video, or audiovisual material in a game (whether with electronic devices or otherwise) for commercial purposes (especially for betting and gambling), unless this is done exclusively for private, non-commercial use and in accordance with § 6 para. (5). Any commercial use, regardless of the manner and by whom, requires the prior written consent of BVB. This also includes the other use or transfer of the recordings beyond the private area to third parties or publication in the media, especially in the context of the resale/transfer of tickets (e.g., on internet platforms). In any case, it is prohibited to transmit and/or publicly reproduce image, sound, and/or video recordings live or delayed without the consent of BVB and/or to support other persons in such activities. Devices or systems that are intended for such activities may not be brought onto the training and playing ground without the consent of BVB or an authorized third party. BVB points out that the DFL, DFB, and UEFA /cf. § 4 para. (2) are entitled to delete or have deleted recordings transmitted and/or publicly reproduced in violation of this provision. BVB further points out that the DFL, DFB, and/or UEFA may be authorized to assert further claims of BVB against the spectator in their own name in court and out of court. In the event of a violation of these provisions and conditions, visitors may be denied entry to the training and playing ground or expelled from the training and playing ground. Additionally, the "Media Guidelines Youth Performance Center" of BVB apply.
(6) Video and photo recordings by visitors on match days are only permitted for private purposes and exclusively with devices that are obviously intended for private use due to their equipment and size. It is prohibited throughout the training and playing ground to take, store, publish, and/or make publicly accessible photos, videos, images, etc., without the consent of the depicted training and playing ground visitor.
§ 7 Special Provisions for the Exercise of House Rights
Borussia Dortmund opposes racist, glorifying violence, anti-Semitic, nationalist, xenophobic, and right- and/or left-wing extremist tendencies of any kind, political agitation, and expression of opinion in this regard. The organizer reserves the right to exercise its house rights and deny access to the event, exclude from the event, and/or – even in advance – issue a local stadium ban to persons who (a) belong to left- and/or right-wing radical parties, associations, or organizations and/or (b) are clearly assigned to the left- and/or right-wing radical scene and/or (c) have already appeared in the past through racist, nationalist, anti-Semitic, discriminatory, glorifying violence, defamatory, or otherwise inhumane statements; § 9 para. 2 applies accordingly.
§ 8 Prohibitions
(1) Visitors to the training and playing ground are prohibited from carrying or using the following items:
a) Racist, xenophobic, glorifying violence, discriminatory, and/or right- or left-wing radical propaganda materials, political or religious media, and/or items of any kind, including banners, signs, symbols, and leaflets, if there is reason to believe that these will be displayed inappropriately on the training and playing ground; this applies to such content even if it is not criminally relevant; this particularly applies to clothing (e.g., with inscriptions and/or symbols such as: Thor Steinar, Consdaple, Borussenfront, HoGeSa (Hooligans against Salafists), GnuHonnters, White Rex, etc.);
b) Weapons of any kind and all items that can be used as weapons, especially as striking, thrusting, or stabbing weapons, or projectiles;
c) Gas spray cans, corrosive, flammable, coloring substances, or other containers with substances that impair health;
d) Glass containers, bottles (including PET bottles), cups, jugs, cans, or other items made of fragile, splintering, or particularly hard material;
e) Bulky items such as stools, chairs, boxes, strollers and seats, baby carriers, walkers;
f) Torches, sparklers, fireworks, flares, smoke powder, smoke bombs, smoke pots, smoke flares, and/or other pyrotechnic items and/or all other pyrotechnic items and substances or mixtures of substances – including corresponding launch devices;
g) Flag and/or banner poles longer than 1.50 meters or with a diameter greater than 3 cm;
h) Mechanically and/or electrically operated noise instruments;
i) Drinks and food of any kind, drugs;
j) Animals;
k) Laser pointers;
l) Suitcases, bags, and backpacks;
m) Cameras, video cameras, or other sound or image recording devices for commercial use or publication, as well as accessories (e.g., camera cases, tripods, and especially telephoto or interchangeable lenses), unless the organizer's consent is available according to § 5 para. 6 of the training and playing ground regulations;
n) Items that are suitable and/or intended to prevent the identification of the identity or clothing that is obviously carried for the purpose of disguise;
o) Other items that are suitable to endanger or unreasonably impair the safety in and around the training and playing ground, other visitors, players, and/or officials.
Notwithstanding the above regulations, the following items may only be carried in the entire training and playing ground area with the club's consent: Flag and banner poles longer than 1.5 m and/or with a larger diameter than 3 cm, double holders, banners, flags, and banners with an area of more than 2 sqm, mechanically or electrically operated noise instruments and/or devices for noise and/or speech amplification.
(2) Visitors are also prohibited from:
a) Making statements, gestures, and/or an appearance that are objectively suitable to defame others, especially based on skin color, religion, gender, sexual orientation, descent, or ethnic origin; this includes the prohibition of making or spreading racist, xenophobic, glorifying violence, discriminatory, obscene, provocative, and offensive slogans or displaying tattoos and/or body jewelry that have clear racist, xenophobic, glorifying violence, discriminatory, and right- and/or left-wing radical tendencies;
b) Climbing or crossing buildings and facilities not intended for general use, especially facades, fences, walls, enclosures of the playing and training field, barriers, lighting systems, camera platforms, trees, masts of all kinds, and roofs;
c) Entering the playing and training field without permission and/or climbing or passing barriers or enclosures and/or entering areas not open to visitors (e.g., the playing/training field, the interior, functional rooms);
d) Being obviously intoxicated, under the influence of drugs, and/or disguised, behaving violently or otherwise contrary to public order, or causing concern for such behavior;
e) Throwing objects or liquids of any kind onto the sports areas or visitor areas;
f) Igniting, burning, and/or shooting fireworks, flares, smoke powder, smoke bombs, smoke pots, smoke flares, and/or other pyrotechnic items, including corresponding launch devices;
g) Selling tickets without permission, manipulating, making illegible, falsifying, and/or damaging a ticket and/or the individualization features printed on or in the ticket (e.g., name imprint, seat data, barcode, QR code, ticket and/or invoice number) in whole or in part, and/or knowingly gaining access with such a ticket;
h) Writing, painting, or sticking on buildings, facilities, or paths;
i) Relieving oneself outside the toilets or otherwise polluting the training and playing ground, especially by throwing things away (in case of violation, a flat cleaning fee of €50.00 will be charged; cf. § 9 para. 3);
j) Driving on paths and areas without special permission;
k) Presenting (illegally obtained) fan articles/fan utensils of any kind;
l) Unrolling banners that obstruct visibility with the purpose of covering or enabling unauthorized actions or using items in a way that prevents identification (disguise ban);
m) Smoking. A general smoking ban applies on the training and playing ground; this includes all smoking products (cigarettes, cigars, pipes, Iquos, e-cigarettes).
(3) A violation of the above prohibitions also occurs if a visitor assists another visitor in a prohibited action or incites or supports another visitor in a prohibited action.
(4) It is also prohibited to gather on the training and playing ground and/or its facilities during events within the meaning of these training and playing ground regulations with several people with a recognizable intention to disturb public peace or disrupt the orderly conduct of the event.
(5) Commercial activity, distribution, or sale of newspapers, magazines, printed materials, advertising brochures, etc., as well as collections or storage of items, is only permitted within the training and playing ground with the prior express and written permission of Borussia Dortmund GmbH & Co. KGaA or the respective organizer. Actions that can lead to a direct or indirect commercial association with the club, the DFB, the WDFV, the event, or parts thereof are prohibited throughout the training and playing ground area without written consent from BVB or authorized third parties. It is particularly prohibited to:
(i) Establish or attempt to establish such an association through unauthorized use of logos or other trademarks,
(ii) Engage in targeted commercial advertising of any kind, e.g., distributing advertising brochures or other written information concerning a business, matter, or service,
(iii) Offer, sell, or carry with the intention of selling drinks, food, souvenirs, clothing, or other items or (service) performances.
§ 9 Violations
(1) Persons who violate the provisions of the training and playing ground regulations may be denied access to the training and playing ground and/or expelled from the training and playing ground without compensation, notwithstanding further rights of Borussia Dortmund. The same applies to persons who are visibly under the influence of alcohol or drugs.
(2) Persons who impair or endanger the safety and order of the event through their behavior inside or outside the training and playing ground in connection with an event may be banned from the stadium without compensation, notwithstanding further rights of Borussia Dortmund. This stadium ban can be limited to the training and playing ground or issued nationwide, considering the principle of proportionality. The DFB guidelines for improving safety at national games and the DFB Committee for Security Affairs' guidelines for the uniform handling of stadium bans apply in their respective current versions.
(3) In the event of a culpable violation of § 6 paragraph 1 and 5, § 7, and § 8 of the training and playing ground regulations, the violator is obliged to pay Borussia Dortmund a contractual penalty, which is determined at Borussia Dortmund's reasonable discretion and set according to the principles of proportionality. The violator is entitled to have the amount of the contractual penalty reviewed by the locally and factually competent court. In the event of a culpable violation, the visitor is particularly obliged to pay a contractual penalty to the organizer in the amount of:
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€50.00 for a violation of § 8 paragraph 2 lit. i);
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up to €500.00 for a violation of § 8 paragraph 1 lit. f), § 8 paragraph 2 lit. a), d), h), j), and k);
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up to €1,500.00 for a violation of § 6 paragraph 5, § 8 paragraph 1 lit. k), and § 8 paragraph 2 lit. b), c), e), f), g), and m) of the training and playing ground regulations.
Further claims for damages, injunctions, or other contractual claims remain unaffected.
(4) If there is a suspicion of a criminal offense or other administrative offense, a report may be filed.
(5) Items and/or objects carried in violation of the rules will be confiscated and – unless needed for a criminal investigation – returned after the conditions for confiscation have ceased to exist or destroyed at the visitor's expense no later than four weeks after the event. The organizer is not liable for the loss or damage of confiscated items.
(6) Measures according to § 8 and § 9 paragraphs (1) to (6) exclude claims (e.g., refund of entrance fees) against Borussia Dortmund and/or the respective organizer.
(7) If Borussia Dortmund is held liable for damages and/or fined by associations such as FIFA, UEFA, DFB, WDFV, FLVW, or DFL due to violations of these training and playing ground regulations by visitors, the violating visitor is liable for reimbursement.
§ 10 House Rights
The house and supervisory rights are generally exercised by Borussia Dortmund and its employees and agents, as well as additionally by the police, control, and security services, and, if necessary, the respective organizer authorized by Borussia Dortmund during events.
§ 11 Liability
(1) Entering and using the training and playing ground and/or its facilities is at one's own risk.
(2) Claims for damages – regardless of the legal basis – as well as liability for indirect damages and unforeseeable damages at the time of contract conclusion are excluded, unless Borussia Dortmund, its legal representatives, and/or agents have acted intentionally or with gross negligence.
(3) The above limitations do not apply to damages resulting from injury to life, body, or health, and in cases where liability is mandatory by law or in cases of culpable violation of essential contractual obligations (cardinal obligations). Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.
(4) Accidents and/or damages must be reported to Borussia Dortmund immediately. Borussia Dortmund is liable – as far as permissible – for personal and/or property damages only up to the amount of the insured risks.
§ 12 Final Provisions
(1) In addition to the provisions of these training and playing ground regulations, the further provisions of the organizer (e.g., the "ATGB"), the relevant provisions of national and/or international associations (e.g., WDFV, DFB, DFL, UEFA, and/or FIFA), and supplementary German law excluding the conflict of laws provisions (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG) apply.
(2) Should any provision of these training and playing ground regulations be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The invalid provision or the invalid part of such a provision shall be replaced by a valid provision that comes as close as possible to the economic effects of the provision to be replaced. The same applies to filling regulatory gaps.
Status: January 2024
Borussia Dortmund GmbH & Co. KGaA