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, Maybachstr. 24, D-60433 Frankfurt am Main, Managing Directors: Ralf Scheffler, entered in the Commercial Register kept by the Amtsgericht (Local Court) of Frankfurt/Main, HRB 84185 (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. Any general terms and conditions of the customer contradicting our General Terms and Conditions shall not become a component part of the agreement, unless we have consented to them in writing. The present General Terms and Conditions comprise 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 shall sell the Online Tickets solely as an agent acting on behalf of the event organizer and for the account of the respective event organizer. smart tickets will only withhold the commission fee mentioned in the course of the ordering process. 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. 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 customers 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 via 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, e-mail address and country 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 cause to believe that third parties are aware of your login information, you are 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. If you have a facebook-account you can register on our site, using your facebook-registration-information. You will find the facebook-connect-application on our website. After entering your email-address and your facebook-password you give allowance to be automatically connected. The General Terms and Conditions of Facebook and Facebook-Connect apply. You can only use this form of registration, if it is admitted in the ticket shop that you’re using.
2.5. Additionally, if admitted, 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. 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 this link, you can close your order. You will receive your online-ticket as a PDF-file, ready for downloading. On top of that you will receive an email with a download-link, so you can also print your tickets at a later stage. 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 “confirm and buy tickets” under “Shopping Cart – Confirm 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 Ticket 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 “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 “My Tickets” site on the respective shop site of that particular events organizer. Furthermore, you can also e-mail the tickets to an 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 “My 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.
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, please check to see whether it corresponds to your order, and 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 issue any Online Tickets any longer because the event has been sold out, for example, we will of course reimburse you for any payments you have made to us.
5.1. You may pay for your Online Ticket by credit card, by Giropay or, to the extent this option is indicated in the course of the ordering process, using the electronic direct debit system (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.
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. Payment by Giropay will be made via direct transfer of the amount to our bank account. Therefore you will be directed to the secured log-in site of your bank in the course of the ordering process. On this site you can log in with your data (number of bank account and PIN) and use the remittance slip which has been filled with the relevant information. The transfer will be conluded by entering a TAN (alternatively iTAN, mobileTAN etc.)
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 purchase price only if events are cancelled and 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 customers for the convenience charge that you as customer pay to smart tickets for our services and which will have already accrued for our brokerage of the contract between you and the event organizer.
6.2. smart tickets is to be informed of the claim to reimbursement of the purchase price within the meaning of Clause 6.1., in the event is cancelled without any other date being scheduled, at the latest four (4) weeks following the date of the event that was cancelled; should the event be postponed to a replacement date: at the latest by midnight of the day preceding the replacement date.
6.3. The price of the Online Ticket will be reimbursed by clicking on the link for reimbursements in the menu item "My Tickets" on the page www.tickets.de, or in the menu item “My 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 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 re-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, if this option is admitted in the ticket shop that you’re using. For this purpose, you will need to click on the field “Sell” for the respective ticket in the menu item “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 re-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 “Stop sale” in the menu item "Meine Tickets".
7.3. As soon as your Online Ticket has been sold, this will be indicated to you in the menu item “My Tickets” by the notice “Sold! and you will receive a notice from us via e-mail. The Buyer 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.
7.4. Should Online Tickets be offered in the Ticket Exchange for any specific event, you may click on the field “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 1.50. 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 reasons of fairness, and in order to avoid any scalper trading, the acquisition of Online Tickets is restricted to a maximum number of tickets per person for some events. In the course of 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. It is expressly prohibited that one person purchases a greater number of Online Tickets than specified, for example by providing different e-mail addresses or by circumventing this rule in any other way.
8.2. You hereby enter into obligation to purchase and use the Online Ticket(s) solely for private use. Forwarding the Online Tickets in any form of trade or commerce without the consent of the respective event organizer is prohibited. This includes in particular the sale of Online Tickets to third parties with the intent of making a profit, or the sale at auction of the tickets via an internet auctioneer.
8.3. Without any exception, the sale of Online Tickets in front of the event venue is prohibited.
8.4. The Online Ticket authorizes solely the authorized first purchaser (this being yourself or, respectively, those persons to whom you have transferred the Online Ticket for private purposes and without the intention of making a profit) to attend the event. It is expressly prohibited to use the Online Ticket several times.
9.1. For any case in which the prohibitions set out in Clause 8 hereof are violated culpably and seriously, the event organizer may demand that you pay appropriate liquidated damages, up to the maximum amount of EUR 1,000.00. Any further claims to the compensation of damages shall remain unaffected hereby. Any liquidated damages paid shall be set off from the claim to compensation of damages.
9.2.
smart tickets reserves the right, in the event the prohibitions set out in Clause 8 hereof are violated culpably and seriously, to
• disable the Online Ticket with the consequence that it will not be possible to attend the event;
• exclude you from purchasing Online Tickets by disabling your customer account.
9.3 Should your customer account be disabled as provided for under Clause 9.2 hereof, you are prohibited from registering once again with www.tickets.de under your own name or any other name.
9.4. For any case in which the prohibitions set out in Clause 9.3 hereof are violated culpably and seriously, smart tickets may demand that you pay appropriate liquidated damages, up to the maximum amount of EUR 1,000.00. Any further claims to the compensation of damages shall remain unaffected hereby. Any liquidated damages paid shall be set off from the claim to compensation of damages.
10.1. For certain events, the Online Tickets are personalized, in other words, the name of the person entitled to attend the event 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. Moreover, you will be asked to confirm that you are not providing these third-party data in any abusive way.
10.2. The personalized Online Ticket entitles only that person to attend the event whose name has been noted on the ticket or, in the case of an MMS being used, whose name is mentioned in the MMS text, and who is able to identify himself or herself by passport, personal identity card, driver’s license, credit card, or EC bank card. The event organizer is not under obligation to demand that the said documents be shown to it at the admission ticket checks in order to be sure that the ticket holder is in fact authorized to attend. Therefore, you will not be able to take recourse vis-à-vis smart tickets or the event organizer, by stating that another person has obtained access to the event by presenting your Online Ticket.
10.3. The provisions on restrictions on forwarding tickets pursuant to Clauses 8.2 through 8.4 as well as the provisions regarding the consequences of any violations of these restrictions pursuant to Clause 9 apply mutatis mutandis to the acquisition of personalized Online Tickets.
10.4 Should the event you are booking provide for a maximum number of personalized tickets per person (which will be indicated in the course of the ordering process by a corresponding notice), the provisions set out in Clause 8.1 hereof shall apply.
11.1. Subject to the restrictions on forwarding personalized Online Tickets set out in Clause 8. hereof, and in particular in Clause 8.2., you are entitled to transfer the personalized Online Tickets you have purchased to a third party. The transfer may be made either by selling the ticket on the Ticket Exchange in accordance with the provisions set out in Clause 7. or - should you wish to transfer the ticket to a person whose name you already know – pursuant to Clauses 11.2. through 11.4..
11.2. Should you wish to transfer the ticket to a person whose name you already know, the ticket needs to be re-personalized. In order to do this, please send an e-mail to smart tickets (tickets@tickets.de). Please use the e-mail address you specified in the order form and specify the first name and last name printed on the Online Ticket you wish to transfer. 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. Furthermore, you must quote the price at which you wish to transfer the ticket. The transfer may be made, as a maximum, at the original price of the tickets plus convenience charge. The payment for this service will be processed by smart tickets. Therefore, you will need to specify your bank account information so that once the acquirer of your Online Ticket has paid, the ticket price can be transferred to your bank account.
11.3. For any re-personalization, smart tickets will charge the new acquirer of the ticket a processing fee of EUR 1.50. Payment may be made by transfer up to 72 hours prior to the start of admission to the event booked. It is possible to make payments by credit card up to six (6) hours prior to the start of admission. Should such payment be made later, it cannot be ensured that the Online Ticket will be sent in due time. As soon as the acquirer of the Online Ticket has paid the full ticket price and the processing fee in the amount of EUR 1.50 to smart tickets, the acquirer will receive, by e-mail, an Online Ticket made out in his or her name.
11.4. 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.
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 does not apply if we have been informed about the incorrectness of the information (e. g. through a customer’s complaint) and do not contribute that the event organizer will adjust 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 also 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.
13.1. 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.
13.2. The place of fulfillment and the place of jurisdiction is Frankfurt if the customer is a merchant, a legal entity under public law, or special assets governed by public law.
14.1. 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.
14.2. 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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