1.1 The present General Terms and Conditions (referred to hereinbelow as the “General Terms and Conditions”) apply to the brokerage by smart tickets.de Gesellschaft für Vertriebslösungen mbH, Fritschestr. 27/28 D-10585 Berlin, entered in the Commercial Register kept by the Amtsgericht (Local Court) of BerlinCharlottenburg, HRB 145346 (referred to hereinbelow as “smart tickets” or “we”) of tickets to cultural, sports or other leisure events offered by various event organizers to customers in the form of electronic tickets (referred to hereinbelow as the “Online Tickets”) on the internet via the website www.tickets.de. In the event that the customer uses general terms and conditions of its own that contradict our General Terms and Conditions set out here, these shall not become a component part of the agreement unless we have consented to them in writing. The present General Terms and Conditions cover the entirety of the deliveries, work and services made, done or rendered in connection with the brokerage, acquisition and delivery of the Online Tickets as well as any general interference with the performance of obligations in the relationship between smart tickets and the customer.
1.2. We sell the Online Tickets solely as an agent acting on behalf of the event organizer and for its account, and collect the basic ticket price, the convenience charge and the charge for mass transit, in each case including VAT of 7% (referred to hereinbelow also as the “Ticket Purchase Price”). As regards the event booked itself, the exclusive contract that will come about for this transaction will be a contract between you as the customer and the respective event organizer. Potentially, the general terms and conditions of the event organizer may apply in this regard. They will apply in addition to the present General Terms and Conditions. The identity of the respective event organizer will be indicated to you in the ordering process. This means that any and all claims you as the customer may have as regards the event and its implementation or in connection with your attendance of the event are to be enforced exclusively vis-à-vis the event organizer. This shall refer in particular to claims in connection with events that are cancelled or postponed, or claims connected to changes to the program.
1.3. You as our customer will confirm, by clicking on the button “Ich habe die Allgemeinen Geschäftsbedingungen gelesen und stimme ihnen zu” (“I have read the General Terms and Conditions and accept them”), before you place any order for Online Tickets on the respective shop pages of the individual event organizers at www.tickets.de, that you are aware of these General Terms and Conditions and that you have accepted them as being binding upon yourself. On the www.tickets.de website, the General Terms and Conditions in their respectively applicable version are available as a separate menu item.
2.1. You may open a customer account on the www.tickets.de website in order to purchase Online Tickets. For this purpose, you must register once using the corresponding online registration form available on the www.tickets.de site, or on one of the shop sites of the individual event organizers under www.tickets.de, by truthfully entering your name, mail address and e-mail address as well as a user name and password of your choice. Once you have registered, we will e-mail a link to you by which you will need to confirm your registration. You will then be able to log onto www.tickets.de using this login information (user name, password), and also to all shop sites listed on www.tickets.de in order to acquire Online Tickets. You are under obligation to treat your login information confidentially, to not provide it to any third parties and to store it such that third parties are not able to obtain knowledge of it, also not by chance. Furthermore, you are under obligation to not allow any third parties to use your customer account by giving them your login information. Should you have reason to believe that third parties are aware of your login information, or that it has been abused, you are under obligation to inform us of this fact immediately, in writing or via e-mail. As a matter of principle, you shall be held liable for any and all activities pursued using your customer account, unless you are not responsible for the abuse of your customer account because you did not violate your duty of care.
2.2. In registering pursuant to Clause 2.1, you undertake that all of the data you have provided are correct and complete. Should the data you have provided change after you have registered, you are under obligation to modify the information of your customer account yourself without undue delay. Should your e-mail address change, we will e-mail a link to your new address by which you will need to confirm this change.
2.3. Should you not use your customer account for a period of more than one (1) year, we reserve the right to cancel your registration. You may terminate your customer account yourself at any time, provided that no unprocessed orders exist. We will then delete or block your data in accordance with statutory regulations.
2.4. Should you have an account on Facebook, it is also possible to register with us with your customer data already provided to Facebook via Facebook Connect. You will find the button on our website. After having entered your e-mail address and your Facebook password, you will permit the automatic linkage. The Facebook general terms and conditions apply to the use of Facebook and Facebook Connect. This option is available only for those shops enabling this application.
2.5. Additionally, to the extent enabled in the respective shop, it is possible to acquire Online Tickets also without opening a customer account by making an express purchase on www.tickets.de or on one of the shop sites of the individual event organizers under www.tickets.de; it is not possible to use this feature for personalized tickets. All you must do in this case is truthfully enter your name and your e-mail address prior to concluding your order under the option “Express Purchase”. Once you have inserted these data, we will be sending you a link in order to confirm your e-mail address. Once you have confirmed the e-mail address by clicking on that link, you can finalize your order. You will receive your Online Ticket as a PDF file. Following your purchase, you can download your Online Ticket. Additionally, you will receive a download link from us via e-mail, using which you will be able to download your ticket also at a later time. Please store this e-mail carefully in order to retroactively allocate your Online Ticket to a customer account (for example in those cases in which you wish to retroactively inspect your Online Tickets pursuant to Clause 3.2 and to print them, to sell them on the Ticket Exchange pursuant to Clause 7, or to reverse the transaction if an event is cancelled or postponed pursuant to Clause 6 of the present General Terms and Conditions). In order to retroactively open a customer account on www.tickets.de, Clauses 2.1. through 2.3. apply mutatis mutandis.
2.6 The agreement as to the purchase of the Online Tickets is concluded exclusively between yourself and the respective event organizer. To the extent that events are advertised on www.tickets.de and the prospect is held out that tickets to these events will be sold, this will represent, in legal terms, nothing but a non-binding invitation to you to submit a purchase offer (so-called “invitatio ad offerendum”). This does not mean that we are guaranteeing that tickets are still available for that event. You will be deemed to have offered to conclude an agreement as soon as you have clicked on the dialog box “Bestätigen und Tickets kaufen” (confirm and purchase tickets) under “Warenkorb – Bestellung abschließen” (shopping cart – make an order). We will accept your offer on behalf of the respective event organizer. This is done by one Online Ticket per booking being sent to you, including a personal code (referred to hereinbelow as the “Authorization Code”). Should the number of Online Tickets you wish to purchase not be available, for whatever reason, you will be informed of this fact prior to the contract being concluded, and you shall no longer be bound to your offer. You will then have to submit a new order. We reserve the right to refuse your offer at any time without citing any reasons for such refusal.
3.1. Your Online Ticket will entitle only one person each to attend the event booked. Upon leaving the event or, respectively, upon having been activated once, the Online Ticket will no longer be valid.
3.2. We will send your Online Ticket to you by e-mail and, in the event you order several Online Tickets, these further Online Tickets will also be e-mailed to you. Should you have a customer account with www.tickets.de, all of the Online Tickets can be once again reviewed and printed using the “Meine Tickets” (my tickets) site on the homepage of www.tickets.de, while all Online Tickets sold by an event organizer can be once again reviewed and printed using the “Meine Tickets” site on the respective shop site of that particular events organizer. Furthermore, you can also e-mail the tickets to a different e-mail address from the one you specified upon registration or, provided this option is indicated to you in the individual case, you can send it to a cell phone number of your choice. You will also be able to download the invoices for the Online Tickets you have purchased from the “Meine Tickets” page.
3.3 Once we have made the Online Tickets available to you, we shall have fulfilled all of our obligations regarding the purchase of the Online Ticket. We wish to expressly note that no further tickets will be sent by post and/or fax and/or any other means.
3.4. You alone are responsible for securing your Online Ticket and in particular for ensuring the authorization code it contains is not made available to third parties. You will not be able to take recourse, vis-à-vis smart tickets or the event organizer, to stating that another person has obtained access to the event by presenting your Online Ticket. We thus ask that you ensure that only one hard copy or copy exists of your Online Ticket, in particular if this is printed once again or if you forwarded by e-mail or MMS. Should you fail to do so, there is a risk that another person will attend the event using the additional Online Ticket and will invalidate the authorization code, which can be used only once – thus preventing you from attending the event. Also, you should store your Online Ticket with the same care that you exercise in keeping your cash so that no unauthorized person can prepare copies or fraudulently use the Online Ticket in any other way.
3.5 It is expressly prohibited to use your Online Ticket in several instances.
4.1. You alone are responsible for the data you enter into the order form. Any orders placed in error, in particular any orders you make for other dates than the one intended, or for any other event than the one intended, will be charged to you, taking account of the options to correct the order provided for by law.
4.2. Once you receive your Online Ticket, you are under obligation to check immediately whether it corresponds to your order, and to inform us of any deviations via e-mail. You will then receive another Online Ticket from us. Should we have issued an Online Ticket that contains errors and should we not be able to issue any Online Tickets any longer at the time of your notice, because the event has been sold out, for example, we will of course reimburse you for any payments you have made to us. Any claims to compensation of damages on behalf of the customer pursuant to Clause 13 shall remain unaffected hereby.
5.1. You may pay for your Online Ticket by credit card or, to the extent this option is indicated in the course of the ordering process, using the electronic direct debit system or Giropay (Clauses 5.2. – 5.5.).
5.2. Such payment by credit card will be implemented via an encrypted online payment system (SSL Secure Socket Layer) of up to 128 bit, depending on the configuration of your computer’s browser. This payment by credit card requires you to provide us with the name of the credit card holder on the corresponding input form, the credit card number as well as any security PIN, if available, and the “valid thru” period of the credit card. It is not admissible to use so-called virtual credit cards or, respectively, pre-paid credit cards, which entail payments being made not on the basis of credit, and instead using previously deposited funds, such that the amount to be paid is deducted from such pre-paid funds.
5.3. You may pay using the electronic direct debit system (EDD) by providing the number of your bank account and the bank code. You will be informed of the deadline by which such an EDD payment is possible in the course of the ordering process. You must ensure your account has sufficient funds available at your purchase since the amount will be debited to it immediately thereafter. Should you provide wrong account information, should the bank refuse to settle the amount, or should funds be retransferred, without any of the above being our responsibility, we will not accept any EDD payments from you in future. Nonetheless, the option of paying by credit card will continue to be available to you. You are under obligation to reimburse us for any costs that we may incur should the direct debit fail (the amount is not debited from the account or is retransferred).
5.4. Payments using the Giropay system are effected by directly transferring the amount to us. For this purpose, you will be transferred in the course of the order process to the secure login page of your financial institution. On that page, you will be asked to log in using your data (account number and PIN) and to use the electronic transfer slip, which already contains all the data necessary for the transfer. By entering a TAN (or an iTAN, mobile TAN etc.), you will then make the payment.
5.5. Until payment is made in full, the event organizer reserves the right to use the Online Ticket to access the event booked pursuant to Clause 5.2. or, respectively, Clause 5.3 or 5.4. Should you fail to pay for your ticket fully, or fail to pay for it in due time, we will disable the Online Ticket without prior notice. This means that it will not be possible to attend the event (this will be the case also if the payment is received late or is made retroactively).
6.1. As a matter of principle, you as a customer will have a claim to returning the Online Ticket and being reimbursed for the Ticket Purchase Price, not including the convenience charge, only if events are cancelled and/or postponed. This claim concerns the implementation of the event and is thus a claim vis-à-vis the event organizer. In such event, smart tickets will accept to reverse the transaction in the context of the contractual relationship between the customer and the event organizer, to the extent the event organizer makes available the corresponding amounts to smart tickets. We are not under obligation to reimburse the convenience charge paid to the event organizer.
6.2.
smart tickets is to be informed of the claim to reimbursement of the Ticket Purchase Price, not including the convenience charge, within the meaning of Clause 6.1.,
a) Should the event be cancelled without any other date being scheduled, at the latest four (4) weeks following the date of the event that was cancelled;
b) Should the event be postponed to a replacement date: at the latest by midnight of the day preceding the replacement date.
6.3. The Online Ticket Purchase Price will be reimbursed by clicking on the link for reimbursements in the menu item “Meine Tickets” on the page www.tickets.de, or in the menu item “Meine Tickets” on the shop site of the respective event organizer. You will be informed of the corresponding procedure by e-mail if an event is cancelled and/or postponed. Should you have acquired your Online Ticket by an Express Purchase, you will need to initially allocate this to your customer account, using the link set out in that e-mail. If you do not have a customer account yet, you will need to register in order to open a customer account; the process will be indicated.
6.4. Your rights to rescind the contract within the scope provided for by law, or to demand compensation for damages in the event the event organizer is responsible for a violation of its obligations, shall remain unaffected. However, the enforcement of claims to compensation of damages and/or the reimbursement of expenditures shall be subject to Clause 12. hereof.
7.1. You have the option of selling your Online Ticket via the Ticket Exchange wherever this function is enabled in the respective shop. For this purpose, you will need to click on the field “Verkaufen” (sell) for the respective ticket in the menu item “Meine Tickets” (my tickets) of your customer account. Should you have acquired your Online Ticket in an Express Purchase, you will have to allocate the Online Ticket to your customer account via the corresponding link in the e-mail by which we have sent the Online Ticket to you. If you do not have a customer account yet, you will need to register in order to open a customer account; the process will be indicated.
7.2. You are the one determining the price at which you intend to offer your Online Ticket. However, the maximum price for the sale is the original price of the ticket plus convenience charge. Once the price has been entered and you have clicked on the “OK” button, your Online Ticket will be offered for sale. Until a third party has purchased the Online Ticket, you have the option at any time to retract your offer via the field “Verkauf stoppen” (stop sale) in the menu item “Meine Tickets”.
7.3. In order to prevent tickets from being re-sold at inflated prices (scalping), you are specifically prohibited from abusing the Ticket Exchange. Such abuse is deemed to be given if you offer tickets for sale via the Ticket Exchange and subsequently purchase these tickets yourself, either on your own behalf or on that of another party, or if you have a third party purchase them as per your instructions, in order to in this way “repersonalize” the tickets without complying with the pre-requisites set out in Clause 11.4 et seq. (identification). In the event of any violation, we shall be entitled to disable the concert ticket concerned, against reimbursement of the Ticket Purchase Price.
7.4. As soon as your Online Ticket has been sold, this will be indicated to you in the menu item “Meine Tickets” by the notice “verkauft!” (sold!), and you will receive a notice from us via e-mail. The purchaser will receive a new Online Ticket, and your Online Ticket will be blocked simultaneously and will no longer entitle you to access the event. The sales price of the Online Ticket will be credited to your account or your credit card account.
7.5. Should Online Tickets be offered in the Ticket Exchange for any specific event, you may click on the field “Ticketbörse” (Ticket Exchange) in the course of the ordering process and then place the Online Ticket into your shopping cart. For the purchase of an Online Ticket via the Ticket Exchange, we charge a Ticket Exchange Fee in the amount of EUR 3,00. As an exception the Ticket Exchange Fee for major events like the Robbie Williams Tour 2013 amounts to 7.5 % of the basic ticket price. You will see the actual amount of the Ticket Exchange Fee for the specific event in the Ticket Exchange before the purchase. In all other regards, the provisions of the present General Terms and Conditions, in particular Clauses 8. – 11., shall apply for the purchase of an Online Ticket via the Ticket Exchange.
8.1. For certain events, a restriction of a maximum number of Online Tickets per person will be determined. In the ordering process, these events will be marked with a corresponding notice as to the restrictions applying to the number of tickets. For these events, you will be able to acquire only the number of tickets that is indicated to you in the course of the ordering process; this applies regardless of the number of order processes you may initiate. It is expressly prohibited that one person, or several persons who have affiliated themselves with others for the purpose of commercially trading tickets or selling them as a business, purchase(s) a greater number of tickets than that specified, for example by providing different e-mail addresses or using different payment means (particularly by using pre-paid credit cards deployed for the purpose of purchasing a greater number of tickets than is admissible), or by circumventing this rule in any other way.
8.2. For any instance in which Clause 8.1, sentences 3 and 4 hereof is culpably breached, the event organizer may demand that you pay a contractual penalty, the amount of which the event organizer may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. As a general rule, the amount of the contractual penalty shall be based on the number of tickets purchased in violation of Clause 8.1, sentences 3, with this number being multiplied by the original price of the tickets. The maximum contractual penalty shall amount to EUR 5,000.00. Any further-reaching claims to compensation of damages or demands for payment of a contractual penalty for any other violations of the present General Terms and Conditions shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.
8.3. smart tickets reserves the right to exclude any acquirer in future from any acquisition of Online Tickets via www.tickets.de who has violated the stipulations of Clause 8.1 sentences 3 and 4 hereof. This exclusion will be implemented by disabling the customer account.
8.4. Should smart tickets have disabled your customer account pursuant to Clause 8.3. hereof, you shall be prohibited in future of once again registering under your own name or any other name on www.tickets.de. In the event of this prohibition being culpably breached, smart tickets may demand that you pay a contractual penalty, the amount of which smart tickets may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. The maximum contractual penalty shall amount to EUR 1,000.00. Any further-reaching claims to compensation of damages shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.
9.1.
For reasons of fairness and by way of preventing tickets from being re-sold at inflated prices (scalping), thus also preventing any negative impacts on the event organizer’s reputation, it is in the interests of the latter to restrict the practice of tickets being forwarded. You hereby enter into obligation to purchase and use the Online Ticket(s) solely for private use. In particular, you are specifically prohibited from
a) Forwarding or selling the Online Tickets without the consent of the respective event organizer, or acquiring them on behalf of a third party, where this is done in the context of commercial or business activities;
b) Offering the Online Tickets for sale in the context of internet auctions not authorized by the event organizer;
c) Selling Online Tickets to third parties with the intent of making a profit without having obtained the prior express approval of the respective event organizer, or acquiring them on behalf of a third party in order to obtain a profit for the third party by the brokerage activity;
d) Forwarding and/or selling the Online Tickets for advertisement or marketing purposes, as a bonus, as a promotional gift or as part of any hospitality or travel package not authorized by the event organizer.
e) Selling the Online Tickets in front of the event venue.
9.2. For any instance in which Clause 9.1. is culpably breached, the event organizer may demand that you pay a contractual penalty, the amount of which the event organizer may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. As a general rule, the amount of the contractual penalty shall be based on the current offer price or price for the onward sale, as a minimum, however, it shall be based on the original price of the tickets offered for sale or forwarded in violation of Clause 9.1. hereof. The maximum contractual penalty shall amount to EUR 7,500.00. Any further-reaching claims to compensation of damages or demands for payment of a contractual penalty for any other violations of the present General Terms and Conditions shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.
9.3 smart tickets reserves the right to exclude any acquirer in future from any acquisition of Online Tickets via www.tickets.de who has violated the stipulations of Clause 9.1. This exclusion will be implemented by disabling the customer account.
9.4. Should smart tickets have disabled your customer account pursuant to Clause 9.3. hereof, you shall be prohibited in future of once again registering under your own name or any other name on www.tickets.de. In the event of this prohibition being culpably breached, smart tickets may demand that you pay a contractual penalty, the amount of which smart tickets may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. The maximum contractual penalty shall amount to EUR 1,000.00. Any further-reaching claims to compensation of damages shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.
10.1. For certain events, the Online Tickets are personalized, in other words, only that person has the right to demand access to the event who holds visiting rights. That person’s name is a component part of the Online Ticket. In the course of the ordering process, these events will be marked with a corresponding notice regarding the personalization of the Online Ticket. The first name and last name you provide in registering will be noted automatically on the Online Ticket. Should the option be available to purchase several personalized Online Tickets, you will be asked in the course of the ordering process to provide the first name(s) and last name(s) and the e-mail address(es) of the other person(s) to whom the personalized tickets are to be issued; you are under obligation to provide this information truthfully and immediately during the purchasing process. The legal transaction will come about or fail upon the immediate and truthful provision of the various names of Online Ticket holders at the purchase, in due time, since the Online Tickets will be made out immediately following the purchase process in the names that you have provided (referred to by legal experts as “relative obligation to perform at a fixed point in time”). Any violation of your obligation to provide the different names will mean that the event organizer will have to expend considerable additional amounts of time, effort and money in retroactively processing re-personalization requests and will cause conflicts during admission to the event. Additionally, concerts will be identified as “sold out” in spite of the fact that the event organizer has the right to rescind the respective agreements should you violate your obligation to provide different names, meaning that these seats will once again become available. Should the event organizer have to set an appropriate deadline for you in each case prior to rescinding the agreement, this would be to the detriment of the other fans and would enable the unauthorized trade in tickets at inflated prices. For the event that one and the same name is provided for several tickets when a purchase is made, contrary to the above provision, the event organizer reserves the right to immediately rescind the agreement without this requiring any deadline to be set (Section 323 paragraph 2 no. 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)). Moreover, you will be asked to confirm that you are not providing these thirdparty data in any abusive way. In such cases, the contract shall be concluded exclusively by yourself with the event organizer. Any other persons that you may name will be solely the beneficiaries of this contract and will gain an independent right to attend the event (Sections 328 et seq. of the Bürgerliches Gesetzbuch (BGB, German Civil Code)).
10.2. The right to attend the event is the result solely of the contract you have concluded with the event organizer (Clause 1.2. hereof). Moreover, your name must be noted on the Online Ticket. As a result of the contract you have concluded with the event organizer, third parties for whom you have acquired a personalized Online Ticket are likewise entitled to attend the event. The names of these third parties must be noted on their Online Tickets. Moreover, the right to attend the event is enjoyed also by persons who have acceded to the contract with the event organizer in accordance with the stipulations of Clause 10.4 hereof. The names of these third parties must be noted on their Tickets. An additional pre-requisite for attending the event is moreover that you or the person(s) for whom you have ordered the Online Ticket, or who have acceded to the contract with the event organizer in accordance with the stipulations of Clause 10.4 hereof are able to identify themselves at the admission ticket checkpoint by submitting a valid passport, personal identity card, driver’s license, credit card or EC bank card.
10.3. The event organizer is not under obligation to demand that the said documents be shown to it at the admission ticket checkpoints in order to be sure that the ticket holder is in fact authorized to attend. The event organizer will be free from its performance obligations vis-à-vis its contractual partner if another person has obtained access to the event by presenting an Online Ticket. Only one person is authorized to attend the event per Online Ticket.
10.4 You may transfer your rights and obligations under the contract with the event organizer (and thus also the right to demand access to the event) to a third party only by that third party acceding in your stead to the contract with the event organizer, and such third party accepting all of your rights and obligations. This accession to the contract requires the consent of the event organizer, which is hereby granted in advance, subject to the restrictions set out hereinbelow in Clause 10.5.
10.5
For reasons of fairness and by way of preventing tickets from being re-sold at inflated prices (scalping), thus also preventing any negative impacts on the event organizer’s reputation, the event organizer will not grant its consent to a third party acceding to the contract with it as provided for in Clause 10.4 hereinabove in the following cases:
a) Where the Online Tickets are forwarded or sold, or acquired for a third party, without the express prior consent of the event organizer, where this is done in the context of commercial or business activities;
b) Where the Online Tickets are offered for sale in the context of internet auctions not authorized by the event organizer;
c) Where the Online Tickets are sold at a price that is higher than the original price of the tickets plus convenience charge and plus any expenditures that the seller may have incurred otherwise as a result of the acquisition or re-sale of the tickets (as a maximum, however, 15% of the original price plus the convenience charge);
d) Where Online Tickets are sold with the intent of making a profit, or where they are acquired on behalf of a third party in order to obtain a profit by the brokerage activity;
e) Where the Online Tickets are forwarded or sold for advertisement or marketing purposes, as a bonus, as a promotional gift or a prize, or as part of any hospitality or travel package not authorized by the event organizer;
f) In the event of any sale of Online Tickets without any reference being made to the present General Terms and Conditions, in particular Clause 10.4. and the present Clause 10.5. In such events, forwarding and/or re-selling Online Tickets is prohibited. Likewise, it is prohibited to offer Online Tickets in the circumstances set out hereinabove. Without exception, the sale of Online Tickets in front of the event venue is prohibited.
In such events, forwarding and/or re-selling Online Tickets is prohibited. Likewise, it is prohibited to offer Online Tickets in the circumstances set out hereinabove. Without exception, the sale of Online Tickets in front of the event venue is prohibited.
10.6 In the event of a violation of the prohibitions set out hereinabove in Clause 10.5., the event organizer is entitled to disable the tickets concerned, against reimbursement of the Ticket Purchase Price, not including the convenience charge, and to refuse access to the event to the respective holder of the ticket. In the event of a merely slight breach, the event organizer initially will warn the respective ticket holder that his/her Online Ticket may be disabled. In the event of a grave violation of the prohibitions set out in Clause 10.5., the Online Ticket will be disabled without any replacement or reimbursement; in other words, the Ticket Purchase Price paid will not be reimbursed.
10.7 For any instance in which the prohibitions set out in Clause 10.5. are culpably breached, including the prohibition of offering Online Tickets in the instances set out in Clause 10.5., the event organizer moreover is entitled to demand that you pay a contractual penalty. The event organizer may determine its amount at its equitable discretion, in the event of a dispute, this may be reviewed before a court. As a general rule, the amount of the contractual penalty shall be based on the current offer price or price for the onward sale, as a minimum, however, it shall be based on the original price of the tickets offered for sale or forwarded in violation of Clause 10.5. hereof. The maximum contractual penalty shall amount to EUR 7,500.00. Any further-reaching claims to compensation of damages or demands for payment of a contractual penalty for any other violations of the present General Terms and Conditions shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.
11.1. Subject to the stipulations of Clauses 10.4. and 10.5., in other words subject to the pre-requisite that the third party accedes to the contract with the event organizer including the present General Terms and Conditions and that the event organizer has consented to this being done in accordance with Clause 10.4. hereof, you are entitled to transfer the personalized Online Ticket, in other words the entitlement to attend the event, to a third party. Following this transfer (Section 398 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)), the Online Ticket must be re-personalized to the new holder of the entitlement to attend the event.
11.2. You have the option of selling your personalized Online Ticket via the Ticket Exchange (Clause 7). In this event, the (secondary) purchaser will automatically receive a new ticket made out in that (secondary) purchaser’s name via the Ticket Exchange, meaning that the process set out hereinbelow in Clauses 11.4 et seq. need not be implemented. For this process, the Ticket Exchange Fee set out in Clause 7.5 hereof shall be charged to the (secondary) purchaser. You will not be charged any additional processing fees for this sale of your Online Ticket.
11.3. In the event that you wish to transfer your ticket to a third party using other channels than the Ticket Exchange, for example as a gift, we must re-personalize the ticket in accordance with the process set out hereinbelow in Clauses 11.4 et seq. For this purpose, you must be aware of the name and the e-mail address of the person to whom you wish to transfer your Online Ticket.
11.4.
In order to re-personalize your Online Ticket, you must log onto the internet pages of www.tickets.de and go to the page “Meine Tickets” (My Tickets). Under the rider “Umpersonalisierung” (re-personalization), you will then be asked to provide your name and your address. Moreover, we will ask you to upload for identification purposes an official identification document that can be copied (not a personal identity card) reflecting the identity of the Ticket holder (such as the health insurance identification card or a driver’s license). Based on your data, we will review whether the name set out in the Online Ticket corresponds to the name on the identification document. You may cover all other data on the personal identity card. Should the names correspond to one another, the Online Ticket will be released for re-personalization.
By uploading your identification document, you consent to smart tickets comparing the name set out in the Online Ticket with the name set out on the identification document. This comparison is done exclusively for the purpose of establishing the purchaser’s identity, in other words in order to establish that the person wishing a re-personalization of the ticket is in fact identical with its purchaser.
Your data will not be used for any other purpose. We will immediately delete the data you have uploaded upon having completed the re-personalization.
11.5.
Should you wish to re-personalize an Online Ticket that you have purchased for another person (Clause 10.1.), you will be asked to upload for identification purposes an official identification document that can be copied (not a personal identity card) of that person, reflecting the identity of the Ticket holder (such as the health insurance identification card or a driver’s license) for whom you have purchased the Online Ticket. Based on your data, we will review whether the name set out in the Online Ticket corresponds to the name and address on the identification document. You may cover all other data on the identification document. Should the data correspond to one another, the Online Ticket will be released for re-personalization.
By uploading the identification document, you declare that the third party for whom you have acquired the Online Ticket agrees to smart tickets using his/her data by consenting to smart tickets comparing the name set out in the Online Ticket with the data set out on the identification document. This comparison is done exclusively for the purpose of establishing that the name set out on the Online Ticket is identical to that on the identification document.
The data of the third party will not be used for any other purposes. We will immediately delete the data you have uploaded upon having completed the re-personalization.
It is hereby made clear for the above case that this is not a transfer of the contract with the event organizer (Clause 11.1.), and that solely the right to attend the event is transferred as provided for in Clause 10.1. For this case as well, the proviso as to consent being issued set out in Clause 10.4 hereof shall apply. The event organizer will not consent to the right to attend the event being transferred wherever the cases set out in Clause 10.5 are given.
11.6. In addition, you will need to specify the first name and last name as well as the e-mail address of the person to whom you wish to transfer the ticket. Once the Online Ticket has been re-personalized, the acquirer will be sent an Online Ticket made out in his/her name by e-mail. This new Online Ticket will be sent via e-mail to the address you have provided to us. Concurrently with the new Online Ticket being sent to the acquirer, your Online Ticket will be disabled. Your Online Ticket will no longer enable you to access the venue once you have transferred it.
11.7. For any re-personalization, smart tickets will charge you a processing fee of EUR 5.00. The processing fee is to be paid by credit card. Should the event be cancelled and/or postponed after the re-personalization has been performed, we shall not be under obligation to reimburse you for the processing fee you have already paid in the event the agreement with the event organizer is rescinded pursuant to Clause 4 of the present General Terms and Conditions, since we have already provided our service.
11.8. Online Tickets can be re-personalized until, at the latest, six (6) hours prior to the start of admission to the event booked.
12.1 The event organizer has inserted the information on www.tickets.de about the event that is displayed to you. Therefore, we shall not be held liable for any instances in which this information is not correct or complete. This shall not apply for any instances in which we become aware of any such information being incorrect (for example as a result of a customer complaint) and fail to take action to ensure that the event organizer corrects the information.
12.2 We hereby exclude our liability for slightly negligent breaches of duty unless they concern damages resulting from injuries to life, limb or health, or guarantees or any claims under the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act). This shall not affect the liability for the breach of duties the fulfillment of which is a pre-requisite for the contract to be implemented duly and properly, and on the adherence to which you as the customer may generally rely. The same applies for any breaches of duty by the persons we employ in the performance of our obligations.
The protection of your personal data is important to us. For further details, please see our privacy statement, which is available for download from our website.
14.1. To the extent the customer is not a consumer, solely the laws of the Federal Republic of Germany shall apply; the UN Sales Convention is excluded.
14.2. The place of fulfillment and the place of jurisdiction is Berlin if the customer is a merchant, a legal entity under public law, or special assets governed by public law.
15.1. By the time at which the contract is concluded, smart tickets has not concluded any agreements or made any undertakings, neither orally nor in writing, besides the present General Terms and Conditions.
15.2. Should individual clauses of the present General Terms and Conditions be ineffective or null and void, either wholly or in part, this shall not impact the effectiveness of the other clauses.
Please address your inquiries referring to orders of Online Tickets via www.tickets.de to: tickets@tickets.de.
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