STANDARD TERMS OF BUSINESS (Internet)
ticketonline.de is a service of the Ticket Online Consulting GmbH in co-operation with CTS EVENTIM AG & Co. KGaA, which handles the ticket purchase including shipping. CTS EVENTIM AG & Co. KGaA is not itself the promoter of the events offered. These are carried out by the respective promoters, who also issue the tickets. The purchase of an entrance ticket results in an exclusive contractual relationship between the ticket holder (customer) and the respective promoter regarding attendance at an event. The promoter's own Standard Terms of Business may possibly apply to this legal relationship. CTS EVENTIM AG & Co. KGaA sells the tickets as an agent or commission agent on the order of the respective promoter, unless it is expressly identified as the promoter in individual cases. On ordering tickets, the customer commissions CTS EVENTIM AG & Co. KGaA to handle the ticket purchase and shipping.
- I.Area of application
- The following Standard Terms of Business apply exclusively in relation to CTS EVENTIM AG & Co. KGaA for all contracts and orders issued for the supply of tickets.
- For all contracts and orders regarding the arrangement or execution of travel, the Standard Terms of Travel shall apply if CTS EVENTIM AG & Co. KGaA sells this according to the respective invoice in its own name and on its own account, as well as the Standard Terms of Business of the respective tour operator. The customer can find these through references made directly in the offer.
Terms of Business for Travel Arrangement
- II.Conclusion of the contract, cancellation
- The offer to conclude a contract comes from the customer as soon as he/she clicks the field "buy". The contract between the customer and the respective contractual partner (promoter, licensed fan item seller or CTS EVENTIM AG & Co. KGaA) is not concluded until the transaction number is issued and sent by CTS EVENTIM AG & Co. KGaA ("Ticketing Company") to the customer.
- No guarantee is given for the correctness of the data contained in the Internet presence of CTS EVENTIM AG & Co. KGaA.
- CTS EVENTIM AG & Co. KGaA is entitled to cancel a customer’s order for which a transaction number has already been issued (unilateral right of cancellation) if the customer violates specific conditions set by the operator or by CTS EVENTIM AG & Co. KGaA, to which reference was made prior to the sale, or attempts to circumvent these (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, particularly against a ban on reselling, attempts to circumvent this by registering and using several user profiles, etc.). Cancellation/withdrawal can also be tacitly declared through the crediting of the amounts paid.
- §§ 346 ff. German Civil Code (BGB), excluding § 350 German Civil Code (BGB) shall apply to the right of cancellation stated above.
- III. Price components and methods of payment
- Ticket prices can exceed prices printed on the tickets. Depending on the event and the ordering method, payments may be made by credit card (Visa, American Express or MasterCard/EuroCard), giropay, PayPal and/or by SEPA Core Direct Debit and/or by payment in advance (by bank giro transfer). VAT is included in the price. The total price for the order, including all fees, is due for payment immediately the contract is concluded. If payment is made in advance (by bank giro transfer), the total amount must be transferred in full , by the stated date, to the bank account specified by CTS EVENTIM AG & Co. KGaA. Please note that VISA and MasterCard payments are processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp, Netherlands, a subsidiary of CTS EVENTIM AG & Co. KGaA.
- When orders are submitted online, service and shipping costs are charged that may vary according to event. These fees are displayed to customers in the shopping cart when ordering; no further, undisplayed costs are incurred. Gift packaging and/or Ticket return insurance will be charged in addition to the respective costs displayed.
- IV. Right to cancel, specimen cancellation form
Consumers do not have a general right to cancel, and any right of consumers to cancel may lapse prematurely in the case of the following contracts:
- Contracts for the provision of accommodation other than for residential purposes, the transport of goods, car rental services, catering, or services relating to leisure activities, where the contract provides for a specific date or period (Section 312g (2) Sentence 1 No. 9 BGB [German Civil Code]). That means that there is no right to cancel in cases where CTS EVENTIM AG & Co. KGaA offers services in the field of leisure activities, in particular admission tickets for events. Any order for tickets is therefore binding on the consumer once the order has been confirmed by CTS EVENTIM AG & Co. KGaA in accordance with Section II. 1 above, which means that the consumer has an obligation to accept and pay for the tickets ordered.
- Contracts to supply audio or video recordings or computer software in a sealed package, if the seal is removed after delivery (Section 312g (2) Sentence 1 No. 6 BGB).
The following principles also apply to contracts concluded with consumers:
Information on cancellation rights
Right to cancel
You have the right to cancel this contract within fourteen days, without giving any reason.
The 14-day cancellation period begins on the day on which the goods are received by you, or by a third person named by you, other than the carrier.
In order to exercise your right to cancel, you must notify us,
CTS EVENTIM AG & Co. KGaA, c/o Ticket Online Sales & Service Center GmbH, Customer Service, 19367 Parchim, +49 (0) 1806 019 010 (0,20 €/call incl. VAT, Mobile max. 0,60 €/call incl. VAT), Fax: +49 (0) 3871 211 42 57, E-Mail: firstname.lastname@example.org,
of your decision to cancel the contract by sending us a clear written statement to that effect (e.g. in a postal letter, telefax message or eMail). You may use the specimen cancellation form attached hereto, but are under no obligation to do so.
To keep within the cancellation period, it is sufficient if you send your notification of exercising your right to cancel before the cancellation period ends.
Consequences of cancellation
If you cancel this contract, we have to immediately refund to you any payments we have received from you, including delivery charges (except for the additional costs resulting from your choosing a different form of delivery than the standard, most favourable form offered by us), by no later than fourteen days after the day on which we receive notification of your cancelling this contract. To make the refund, we use the same means of payment as you used for the original transaction, unless explicitly agreed otherwise with you; you will not be charged anything for the refund. We may refuse to pay the refund until the goods have been returned to us or until you have provided proof that you sent the goods back, whichever is the earlier.
You must return or hand over the goods to us without delay, in any case no later than fourteen days after the day on which you notified us of your cancelling the contract. The latter deadline has been met if you dispatch the goods before the 14-day period has expired. The direct costs for returning the goods must be borne by you. You do not have to pay for any loss in the value of the goods unless such loss in value is due to your handling the goods in a manner other than is necessary to inspect the condition, properties and functioning of the goods.
Specimen cancellation form
(If you wish to cancel the contract, please fill out this form and return it to us.)- To CTS EVENTIM AG & Co. KGaA, c/o Ticket Online Sales & Service Center GmbH, Customer Service, 19367 Parchim:
- I/We (*) hereby cancel the contract that I/We (*) concluded to purchase the following goods (*)/the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is on paper)
(*) Please delete as applicable.
To download the specimen cancellation form as pdf file, please click here.
End of information on the right to cancel and specimen cancellation form
The following shall apply in the event of cancellation by the customer:
CTS EVENTIM AG & Co. KGaA may refuse to pay the refund until the goods have been returned to CTS EVENTIM AG & Co. KGaA or until the customer has furnished proof that the goods have been sent back, whichever is the earlier date.
The customer must return or hand over the goods to CTS EVENTIM AG & Co. KGaA without delay, in any case no later than fourteen days after the day on which the customer notified CTS EVENTIM AG & Co. KGaA of his or her cancelling the contract. The latter deadline has been met if the customer dispatches the goods before the 14-day period has expired. The customer shall bear the direct costs for returning the goods. The customer must pay for any loss in the value of the goods if such loss in value is due to the goods being handled in a manner other than is necessary to inspect the condition, properties and functioning of the goods.
- V. Liability limitations, exclusion of withdrawal in the case of particular breaches of duty
- CTS EVENTIM AG & Co. KGaA is unrestrictedly liable in all cases in accordance with the Product Liability Act for damages caused intentionally or through gross negligence, in the case of malicious concealment of defects, and for damages resulting from injury to life or health and physical injury. Liability for damages from breach of warranty is unlimited.
- In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, CTS EVENTIM AG & Co. KGaA shall be liable limited to compensation for foreseeable losses typical for this type of contract.
- Apart from the cases stated in paragraphs 1 and 2, CTS EVENTIM AG & Co. KGaA shall not be liable for losses caused by simple negligence.
- The customer's right to free him/herself from the contract due to a breach of obligation for which the promoter or CTS EVENTIM AG & Co. KGaA is not responsible and in which the goods are not at fault is ruled out.
- If the liability of CTS EVENTIM AG & Co. KGaA is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.
- VI. Final provisions
- The laws of the Federal Republic of Germany apply exclusively. Regardless of the above provision on choice of governing law, consumers who are normally resident in a country other than the Federal Republic of Germany may always invoke the laws of the state in which they are resident.
- The sole place of fulfilment for delivery, performance and payment is Bremen if the customer is an entrepreneur in the sense of § 14 German Civil Code.
- If the customer is a merchant, then the exclusive (and international) court of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship is Bremen. In the case of cross-border contracts, this also applies for non-merchants. CTS EVENTIM AG & Co. KGaA reserves the right to call on any other internationally responsible court.
- As from 15 February 2016 the European Commission provides here an European Online Dispute Resolution platform. Our email address is email@example.com.
- CTS EVENTIM AG & Co. KGaA does neither commit itself nor is obliged to use alternative dispute resolution entities to resolve disputes with consumers.
As at: January 27th, 2017
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