General Terms and Conditions and Customer Information
1. Scope of application, Object of agreement
1.1. These General Terms and Conditions (hereinafter T&C's) of Ticketlobby GmbH & Co. KG, trading as “TICKETS75” (hereinafter “Seller”), shall apply for all agreements made between the Seller and a consumer or company (hereinafter “Customer”) concerning tickets advertised by the Seller in his online shop. The integration of the Customer’s own conditions is herewith forbidden, unless another agreement has been made.
1.2. A consumer, for the purposes of these T&C's, shall be any natural person who concludes a legal transaction for purposes which predominantly can neither be attributed to his/her commercial or freelance occupational activities. For the purpose of these T&C's, a contractor is any individual, entity or partnership with legal capacity, who/which acts in his/her/its professional capacity (employed or self-employed) when concluding a transaction.
1.3. The object of the agreement made between the Seller and the Customer and regulated by these T&C's is exclusively the selling of tickets for specified, scheduled events by the Seller. The legal requirements in the relationship between the Customer and the event organiser for the performance/realisation of the event, as well as any possible divergent conditions of the event organiser, shall apply.
2. Contract conclusion
2.1. The product description contained in the Seller’s online shop shall not represent a binding offer on the part of the Seller but shall serve the submission of a binding offer by the Customer.
2.2. The Customer can place the order using the online order form provided by the Seller in his online shop. After the selected ticket have been added to the virtual basket, and the electrical order process has been completed by the Customer clicking on the order button to complete the order process, the Customer places a legally binding offer of contract pertaining to the tickets contained in the virtual basket. The Customer can also submit the offer to the Seller by telephone, fax, e-mail, or post.
2.3. The Seller can accept the Customer’s offer within five days, • by issuing the Customer with a written confirmation of order or a confirmation of order in text-form (fax or e-mail), where it is essential that the Customer has unimpeded access to the confirmation of order, or • by delivering the ordered products to the Customer, where it is essential that the Customer can access the product, or • by instructing the Customer to complete payment following the Customer’s submission of order. If several of the above-named alternatives are present, the contract comes into effect at the time of receipt of the first above-named alternative. If the Seller does not formally accept the Customer’s offer within the aforementioned period, this is to be considered a refusal of the offer, and bears the consequence that the Customer is no longer bound to his declaration of intent.
2.4. The period of acceptance of the offer commences on the day following submission of the offer by the Customer and ends with the expiry of the fifth day following submission of the offer by the Customer.
2.5. Upon submission of an offer via the online order form of the Seller, the contract wording shall be stored by the Seller and sent to the Customer with the existing T&C's and customer information in text form (e.g. e-mail, fax or letter). Furthermore, the contract wording shall be archived on the Seller’s website and can be accessed by the Customer free of charge using his password protected Customer account under specification of the respective login data, provided that the Customer created a customer account in the Seller’s online shop before sending his/her order.
2.6. Before placing a binding order via the online order form of the Seller, the Customer can continuously correct his entries using the common keyboard and mouse functions. Furthermore, all entries are again displayed in a confirmation window before placing the binding order and can also be corrected there using the common keyboard and mouse functions.
2.7. German shall be the only available language for contract conclusion.
2.8. Order processing and contact normally take place via email and automatic order processing. The Customer shall ensure that the e-mail address he indicates for the purpose of order processing is correct, so that e-mails sent by the Seller can be obtained at this address. In particular, when using SPAM filters, the Customer shall ensure that all mails sent by the Seller, or by third parties authorised by the Seller in order to process the order, can be delivered.
3. Right to rescind
According to § 312g par. 2 No. 9 of the German Civil Code (BGB), considering no other arrangement has been made, a right to rescind does not apply to contracts for the provision of services in connection with leisure activities, if the contract for the fulfillment provides a specific date or period. A right to rescind is also excluded with contracts concerning the purchase of tickets for date dependent events.
4. Prices and terms of payment
4.1 The Seller’s specified prices shall be final prices, i.e. they contain all price components including the statutory German value added tax. Possible additional charges for delivery and shipment shall be indicated separately in the respective product presentation in our offer. Prices and category allocation may differ from the prices and category allocation of the event organiser, as printed on the ticket.
4.2. Several methods of payment are available to the Customer, which are listed in the Seller’s online shop.
4.3. If prepayment is stipulated, payment becomes due immediately after contract conclusion.
5. Delivery and shipping terms
5.1. The delivery of tickets is generally effected by dispatch to the delivery address specified by the Customer. The tickets will be dispatched at a latest of 3 days before commencement of the event.
5.2. If the transport company returns the sent tickets to the Seller because a delivery at the address specified by the Customer was not possible, the Customer shall bear the costs of the unsuccessful dispatch. This shall not apply if the Customer was not responsible for the reason which made it impossible for him to accept the delivery, or if he was temporarily prevented from accepting the delivery, unless the Seller had notified the Customer of the service within an appropriate time beforehand.
5.3. If the Customer is acting as a business, the risk of accidental loss and accidental damage of the purchased tickets is transferred to the Customer as soon as the Seller delivers the object to the dispatcher, freight forwarder or the person or institution entrusted with carrying out the dispatch. If the Customer is acting as a consumer, the risk of accidental loss and accidental damage of the purchased tickets is always transferred upon delivery of the tickets to the Customer or a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental damage of the purchased tickets is also transferred to the Customer as soon as the Seller delivers the object to the dispatcher, freight forwarder or the person or institution entrusted with carrying out the dispatch, if the Customer has commissioned the dispatcher, freight forwarder or the person or institution entrusted with carrying out the dispatch and the Seller has not named this person or institution to the Customer previously.
5.4. The Seller retains the right to cancel the contract in cases of improper or incorrect self-delivery. This only applies for the case that the non-delivery is not the responsibility of the Seller and that he has effected a congruent hedging arrangement with due care with the supplier. The Seller will make all reasonable efforts to obtain the tickets. In the event that the tickets are unavailable or are only available in part, the Customer will be informed directly and a refund will be made immediately.
5.5. The Customer may collect ordered tickets either at the business premises of the Seller or at another suitable premises (following prior agreement with the Seller, by presenting the electronically transmitted confirmation of purchase from the Seller and a valid photo ID), or they may collect the tickets from a sales representative designated by the Seller on the day of the event at the event location. If the Parties have agreed to hand-over the tickets via a sales representative of the Seller, the Customer shall be informed in good time before the event date via email of all hand-over details, such as the location for the hand-over and the contact information of the contact person in situ. Dispatch costs are not calculated in both cases.
6. Reservation of right of modification
In individual cases and for organisational reasons, the Seller reserves the right to issue the Customer tickets with a higher price than the category selected by the Customer, as long as this is reasonable for the Customer and under consideration of the interests of the Seller. No additional costs shall be incurred by the Customer for this.
7. Disruptions in realisation of the event
7.1. The Seller is not liable for the realisation of the event as agreed upon. Liability for the realisation of the event as agreed upon is borne by the event organiser. In cases of disruptions in realisation of the event (e.g. postponement or cancellation of an event), the Customer can contact the organiser.
7.2. Independent thereof and in the case of a cancellation with no alternative date, the Customer can commission the Seller with the handling of a refund and the dealing with the organiser. In this case the Customer must return the tickets purchased from the Seller to the Seller immediately, at a latest however of two weeks following cancellation of the event and following notification by the Seller. The date of dispatch of the tickets is decisive in this. With the commissioning, the Customer simultaneously authorises the Seller with the power of representation and authorisation as a receiving agent. The Seller shall only be responsible for the one-off transfer of the refund request to the relevant organiser on behalf of the Customer and is not responsible for the successful enforcement of this. In the case of a reimbursement by the organiser, the Seller will transfer the refund amount to the Customer’s bank account immediately, at a latest however within two weeks following receipt of payment. The date of the transfer from the originating credit institution is decisive for this. The Customer is advised that the refund amount may be lower than the ticket price paid by the Customer, as organisers generally only refund the price shown on the ticket.
8. Warranty, Liability
8.1. The legal provisions of warranty will apply between us as the seller and the customer according to the following provisions:
8.2. The Seller acts as a dealer on the secondary ticket market exclusively as a reseller. We are neither the promoter nor representatives of the promoter nor authorized for any ticket sales by the promoter
We fulfill the contract between you and us completely by delivering and transferring the ticket to you. Once the ticket has been transferred you gain a legally binding claim against the promoter to attend the respective event.
All further claims are to be asserted against the promoter. This particularly applies in case the promoter might refuse you access to the event without any legal reason and contrary to all expectations.
9. Applicable law / Place of jurisdiction
9.1. The laws of the Federal Republic of Germany excluding the laws on the International Sale of Goods shall apply for all privities of contract. This choice of law shall only apply to consumers as far as granted protection is not withdrawn through mandatory provisions of the laws of the country in which the consumer has his/her permanent dwelling.
9.2. If the Customer is a merchant, a corporate body under public law or special fund under public law, the sole jurisdiction for all disputes resulting from this contract shall be the Seller’s business location. If the Customer is not resident within the territory of the Federal Republic of Germany the place of jurisdiction shall be taken as the place of establishment of the Seller for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the professional or commercial activities of the Customer. The Seller is, however, entitled in the aforementioned cases to turn to the court at the seat of the Customer at any time.
Ticketlobby GmbH & Co. KG, Büsumer Straße 40-44, 24768 Rendsburg, Phone +49 (0) 4331 439 00 10, VAT identification number: DE253083507 Website: www.tickets75.de, E-Mail: [email protected] Represented by the personally liable general partner Ticketlobby Beteiligungs-GmbH, AG Kiel HRB 20746 KI, represented by: Peter Albrecht