Scope  

1. Scope

The following General Terms and Conditions (hereafter T&C) apply for the purchase of tickets for events (hereafter tickets), gift cards for event tickets (hereafter gift cards) as well as the purchase of merchandising items via the telephone hotline or the web site of Ticket Online Software GmbH (hereafter Ticket Online). Information about data protection is the subject of a separate policy that can be read at http://www.ticketonline.com/de/de/modul/1207-Datenschutz/. Should individual passages be applicable only to the purchase of merchandising items, this is specifically indicated at the appropriate place.

The T&C apply for consumers (§ 13 BGB) as well as for companies (§ 14 BGB). Should individual provisions apply only to companies, this is explicitly indicated at the appropriate place.

Conditions of the customer contrary to or deviating from these T&C are not recognized by Ticket Online, unless Ticket Online has expressly agreed to their validity in writing.

The T&C may be viewed by anyone at any time on the internet at http://www.ticketonline.com/de/de/modul/1216-AGB/.

Service 

2. Service

The subject of the contract (hereafter brokerage contract) between the customer and Ticket Online set out in these T&C is the brokerage of tickets, gift cards as well as merchandising items, including their delivery or provision at the box office.

Contractual partner 

3. Contractual partner

Ticket Online is the contractual partner of the brokerage contract. By ordering tickets, gift cards and/or merchandising items on the internet or via the ticket hotline the customer authorises Ticket Online to procure (for delivery) or provide (for pick up) tickets for the desired events or to procure or provide gift cards or procure merchandising items.

The contractual partner for the rendering of organizer services (hereafter organizer contract) brokered by Ticket Online is exclusively the respective organizer of the chosen event, in particular against whom any claims are to be made due to breach of duty affecting the event services. In this respect, the T&C of the respective organizer may also apply. The customer is obliged to inform himself of the T&C of the organizer and accept these prior to concluding the brokerage contract. Ticket Online is the sole collecting agency with respect to the price to be paid for tickets plus VAT.

Conclusion of contract 

4. Conclusion of contract

4.1 Depending on the way the customer initiates contact with Ticket Online the brokerage contract is entered into as follows:

4.1.1 On the internet the customer selects the event he wants and the number and type of tickets and enters his address as well as information for payment processing, accepts these T&C and the Privacy Policy. The customer then clicks the "Submit Order" button, thus submitting an order. Following order submission the customer receives a confirmation of receipt from Ticket Online by e-mail, signifying acceptance of the order. The brokerage contract is thus entered into. The same applies to concluding the contract for purchasing gift cards for event tickets or merchandising items.

4.1.2 If the customer uses the telephone ordering process, he submits the order by specifying the information in 4.1.1 via telephone. The customer is issued an order number by telephone, signifying acceptance of the order. The brokerage contract is thus entered into.

4.2 Upon receipt of the order confirmation or receipt of the order number the customer at the same time enters into the contract between himself and the respective organizer for attendance at the event.

Prices/Delivery charges 

5. Prices / Delivery charges

5.1 The price for tickets offered on the internet or stated on the ticket hotline includes ticket sales, system and service charges as well as VAT. Gift cards are exempt from VAT. The price stated for merchandising items includes VAT.

5.2 A delivery charge may apply to the price stated in 5.1 for each order transaction. Its existence and amount is determined by the individual selection of the respective type of delivery by the customer as part of the ordering process. Delivery options are dependent on the selected event date. A difference is to be made between picking up the tickets at the box office or having them delivered by standard letter, express delivery, by courier or Print@Home ticket:

5.2.1 If the tickets are being picked up at the box office, no delivery charge is incurred. When selecting this delivery option the customer is obliged to pick up the tickets ordered on the day of the event from the box office at the event location upon presentation of the order confirmation/order number and personal identification.

5.2.2 Standard letter: For delivery of tickets and/or gift cards via national standard letter a delivery fee of €4.90 is charged. For delivery by standard letter to an international address a delivery fee of €10.00 is charged.

5.2.3 Express delivery: For national express delivery of the tickets and/or gift cards a delivery fee of €9.95 is charged. Express delivery of tickets to an international address is not available.

5.2.4 Delivery by courier: For delivery of tickets and/or gift cards by courier a delivery fee of €6.90 is charged. Delivery by courier includes insurance, but not express delivery.

5.2.5 Print@Home/SMS ticket: In addition, the Print@Home method may be used for specifically indicated events. No additional fee is charged for the use of the Print@Home method, either nationally or internationally. In addition to the Print@Home method, an SMS ticket may be ordered for specifically indicated events. If the customer chooses a Print@Home ticket or an SMS ticket, an additional order fee of €1.00 per order will be charged upon concluding the contract.

5.2.6 No separate delivery charges are routinely incurred should the customer order merchandising items in addition to event tickets or gift cards. Exceptions to this apply if the goods are bulky or difficult to transport.

ID for reductions 

6. ID for reductions

In addition to personal ID, ID for reductions such as student identification, personal identification as proof of age for seniors and identification as defined in the Ordinance on Passes for Severely Disabled Persons are to be presented upon admission. If no identification for reduction is presented the customer is required to pay the difference between the full price of the event tickets and the reduced price at the theatre box office to be allowed admission.

Payment 

7. Payment

Payment for tickets, gift cards and/or merchandising items and delivery fees may always be paid by credit card, sofortueberweisung.de or PayPal as set out in 5 above. For select events payment may be made by bank transfer, gift card or direct debit. Payment for the total price of the order including incurred delivery charges (cf. 5) and any other applicable fees is immediately due upon conclusion of the contract (cf. 4.1).

Return debiting of payments 

8. Return debiting of payments

Should payment be redebited (e.g., due to insufficient funds in the account specified when ordering), Ticket Online has the right to the immediate return delivery of the ordered tickets, gift cards and/or merchandising items. The customer must make up for any losses or expenses suffered by Ticket Online arising from the return debit.

In the case of a return debit the customer is to remunerate Ticket Online for bank fees as well as handling fees incurred to the amount of EUR 8.00 per return debit. If the customer does not return deliver the event tickets, gift cards or merchandising items within 7 days after the customer provides notification of return debit, Ticket Online is entitled, but not obliged, to withdraw from the contract and to sell the event tickets and/or gift cards elsewhere. In the case of contract withdrawal/alteration Ticket Online also reserves the right to bill the customer a handling fee to the amount of €25.00.

Delivery 

9. Delivery

9.1 The time of delivery is dependent on the respective delivery option and payment method chosen. Unless being picked up at the box office, delivery of the tickets and/or gift cards ordered will be initiated at the time payment is received from the customer at Ticket Online. The delivery of merchandising items will also be initiated upon receipt of customer payment at Ticket Online.

9.1.1 Should the customer not receive the tickets and/or gift cards and/or merchandising items within 14 days after order placement, he is required to promptly notify Ticket Online of this circumstance. Should the customer be a company as set out in § 14 BGB, in cases of loss of tickets, gift cards or merchandising items ordered that were sent by means of standard letter, any claims, in any case, against Ticket Online are excluded.

9.1.2 If the tickets, gift cards or merchandising items ordered using the express delivery or delivery by courier delivery options are lost, Ticket Online will issue replacements for the lost tickets and/or gift cards or replace the merchandising items or will refund the order value to the customer if no replacement is possible.

9.2 Companies as set out in § 14 BGB bear the risk for the loss of or damage to event tickets, gift cards and/or merchandising items once these goods are transferred to the transport company by Ticket Online, provided pick up as set out in 5.2.1 was not chosen.

Special terms for the use of the Print@Home method 

10. Special terms for the use of the Print@Home method

10.1 In the Print@Home method the customer receives the ticket(s) ordered by printing out the electronic form of the Print@Home tickets transferred to the customer. A print out of the Print@Home ticket authorises the customer to a one-time admission and attendance at the respective event.

10.2 The organizer and Ticket Online reserve the right to claim for damages from as well as file charges against customers misusing the Print@Home method.

10.3 Like cash or normal tickets, Print@Home tickets should be kept in a safe place and protected from misuse.

10.4 If the customer has not received the order confirmation including the link for printing the ticket(s) within 24 hours after placing the order he should immediately contact Ticket Online. This also applies to problems printing the ticket(s).

Cancellations and returns 

11. Cancellations and returns

The brokerage of tickets, gift cards and merchandising items done by Ticket Online pertains to distance contracts in terms of § 312b BGB. With respect to the brokerage of tickets the customer has no right to terminate the contract nor return the tickets, because in accordance with § 312b, paragraph 6 BGB the regulations for distance contracts do not apply to the rendering of services for scheduled leisure events. Thus, immediately following confirmation by Ticket Online each order for tickets is binding and the customer is required to accept and pay for the order.

Cancellation for rescheduling or cancellation of event 

12. Cancellation for rescheduling or cancellation of event

The customer may cancel the contract for event tickets if the event date is rescheduled or the event is cancelled altogether, provided it is not a sporting event. In these cases the rescinded transaction is effected between the customer and the organizer exclusively.

To the extent that information is available to Ticket Online about cancelled or changed event dates or venues, the customer will be promptly informed of this if possible as soon as Ticket Online becomes aware of this information. In variance to sentence 1, the exact time or date of changes to sporting events are to be obtained from the daily press or on the internet.

Any possible rescinded transaction is exclusively between the customer and the respective organizer, who is both disclosed during the ordering process as well as is noted on the tickets.

In the case of default of the organizer with respect to Ticket Online a refund of sales and system fees collected by Ticket Online is excluded, unless this default is attributable to Ticket Online either wilfully or through gross negligence. In particular, should the event be cancelled or the date or venue of the event be changed, the customer is not entitled to a refund of the sales and system fees on the part of Ticket Online, no matter if the organizer refunds the price of the ticket or not.

Ticket Online reserves the right to withdraw from the brokerage contract in case of unenforceability, in particular in cases of force majeure. In case of withdrawal Ticket Online will promptly inform the customer after becoming aware of all of the factors of unenforceability and will promptly refund to the customer any payments or partial payments he may have made.

Merchandising items 

13. Merchandising items

In addition to the aforementioned provisions, the following provisions apply explicitly to brokerage contracts for merchandising items concluded online or by telephone.

13.1 Right of revocation

In the case of a merchandising item being purchased via the internet or by telephone the customer can, should he be a consumer in terms of § 13 BGB, revoke his contractual statement in writing (e.g. letter, fax, e-mail) within two weeks after receipt of the item without stating reasons or by returning the originally packed item. The notification period begins upon receipt of the item. Timely notice of revocation or return of the item is sufficient to comply with the period of notification. Revocation or return of the item is to be addressed to: Ticket Online Software GmbH, 19367 Parchim.

13.2 Consequences of revocation

In the case of effective revocation both parties are to return any goods and/or reimburse any payments received. If the customer is unable to return any goods in full or in part or only in worsened condition to Ticket Online, the customer may have to make compensatory payment. Obligations to refund payments must be fulfilled within 30 days. The notification period for the customer begins upon sending the customer's notice of revocation and for Ticket Online the receipt thereof.
Incidentally, the customer can avoid having to pay compensation by not making use of the originally packaged goods like an owner and refraining from everything that impacts its value. The customer must bear the costs of return delivery, if the goods delivered correspond to those ordered and if the price of the return delivered goods does not exceed an amount of €40 or if no service has or no contractually agreed partial payment yet been made for goods of a higher price at the time of revocation. Return delivery is otherwise free of charge for the customer.

13.3 Conditional sale

Merchandising items remain the property of the organizer until payment is made in full.

Liability 

14. Liability

Ticket Online is excluded from liability for claims of damages for contractual, quasi-contractual, tortious or other legal grounds. This does not apply if life, limb or health is harmed or if harm is due to wilful or grossly negligent behaviour on the part of Ticket Online or its vicarious agents or if breach is due to non-fulfilment of an essential obligation for the purpose of the contract.

Final provisions 

15. Final provisions

15.1 Should the customer have merchant status, exclusive (also international) jurisdiction for all disputes arising directly or indirectly from this contractual relationship is Hamburg. Ticket Online also reserves the right to take legal action in any other, internationally competent court. In cases of cross-border contracts this also applies to non-merchants.

15.2 The law of Germany applies, excluding the UN Convention of International Sale of Goods. Mandatory provisions of the country in which the customer usually resides shall remain unaffected.

Revised: January 2010

Printable Version 

Printable Version of General Terms and Conditions