STANDARD TERMS OF BUSINESS (Internet)
Ticket Online Sales & Service Center GmbH 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. Ticket Online Sales & Service Center GmbH 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 Ticket Online Sales & Service Center GmbH to handle the ticket purchase and shipping.
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- Area of application
- Conclusion of the contract, cancellation
- Price components and methods of payment
- Right to cancel, specimen cancellation form
- Retention of title; set-off; right of retention when purchasing on invoice
- Liability limitations
- Final provisions
I. Area of application
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The following Standard Terms of Business apply exclusively in relation to Ticket Online Sales & Service Center GmbH for all contracts and orders issued to us for the supply of tickets.
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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 (in case of tickets Stage Entertainment Produktionsgesellschaft mbH as promoter, in case of fan items Stage Entertainment Produktionsgesellschaft mbH as seller) is not concluded until the transaction number is issued and sent by Ticket Online Sales & Service Center GmbH (""Ticketing Company"") to the customer.
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Commercial resale of tickets is not permitted. Non-commercial resale of tickets is only permitted provided that the resale price is not higher than the face value plus demonstrated fees paid in the course of purchase (e.g. shipping and handling fees), but at a maximum amount of 25% of the face value. In case of violation of the aforementioned conditions the respective promoter is entitled to deny access to the event without any replacement of or reimbursement for the ticket whatsoever.
Ticket Online Sales & Service Center GmbH 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 promoter or by Ticket Online Sales & Service Center GmbH, to which reference was made prior to the sale. The same is true for attempts to circumvent such conditions (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.), or if the promoter or Ticket Online Sales & Service Center GmbH has unpaid receivables vis a vis the customer. Without written consent of the promoter of an event the use of tickets for commercial advertising or marketing purposes (e.g. for competition winning or other commercial purposes) is not permitted, neither is a commercial resale of tickets in the access area of venues governed by the property right of the promoter. Cancellation/withdrawal can also be tacitly declared through the crediting of the amounts paid.
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§§ 346 ff. German Civil Code (BGB), excluding § 350 German Civil Code (BGB) shall apply to the right of cancellation stated above.
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In case of a postponement of an event the respective promoter is entitled to declare tickets valid for the postponed event date for such event. Return of tickets to the promoter or a reverse of the ticket purchase due to such postponement is not possible, except for cases where the customer demonstrates that attendance of the event at the postponed event date is beyond reason for him/her. This paragraph shall not apply if the promoter of an event is to be held responsible for a postponement of the event.
- Ticket prices can exceed prices printed on the tickets. Depending on the event and the ordering method, payment may be made by credit card and/or by SEPA Core Direct Debit and/or by payment in advance (by bank giro transfer), or on invoice. 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 the method of payment is by credit card, giropay or SEPA direct debit. 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 Ticket Online Sales & Service Center GmbH. In the case of purchase on invoice, the invoice amount must be paid to Billpay GmbH or Klarna Bank AB by the date specified on the invoice (10 days or 14 days after invoice date). Purchase on invoice is not available as a payment method for all kinds of tickets and is also subject to a positive creditworthiness check by Billpay, or Klarna Bank respectively. If the customer is allowed to purchase certain products on invoice, following a creditworthiness check, payment shall be processed in cooperation with Billpay GmbH or Klarna Bank AB, to whom Ticket Online Sales & Service Center GmbH assigns its claim to payment. In such a case, the customer can only discharge the debt by rendering payment to Billpay GmbH or Klarna Bank AB. “Purchase on invoice” as a method of payment is also governed by the General Terms of Klarna Bank AB (publ), or the General Terms of Billpay GmbH. Please note that Visa and Mastercard payments are processed by sister company CTS Eventim Nederland B.V., Marktplein 108, 2132 DD Hoofddorp, Niederlande.
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When ordering online, additional fees may be charged, such as shipping costs and the online booking fee. Whether and to what extent these costs are incurred depends on the respective event, the ticket price and/or the customer's selection and is indicated in the order process by separate reference and/or link.
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Data transmission to SCHUFA:
For orders with payment method SEPA direct debit, the Ticket Online Sales & Service Center GmbH reserves its right to transfer personal data collected within the scope of the instant contract related to the application for, performance or termination of this business relationship as well as data regarding conduct that violates a contract and/or is fraudulent, to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden. The legal bases for such transmission comprise Art. 6 (1) (b) and Art. 6 (1) (f) General Data Protection Regulation (GDPR). Data may only be transmitted on the basis of Art. 6 (1) (f) GDPR to the extent necessary for the purposes safeguarding the legitimate interests pursued of the contractual partner* or third parties and such interests are not overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. The exchange of data with SCHUFA likewise facilitates the satisfaction of statutory obligations to perform an evaluation of the creditworthiness of customers (§ 505a and 506 of the German Civil Code). SCHUFA processes data it receives and also uses such data for purposes of profile creation (Scoring) in order to provide its contractual partners domiciled in the European Economic Area and Switzerland as well third countries as applicable (to the extent an adequacy decision from the European Commission is available for such countries) information to be used to evaluate the creditworthiness of natural persons amongst other things. Additional information regarding SCHUFA’s business may be found in the SCHUFA Information Sheet or online at https://www.schufa.de/de/datenschutz-dsgvo/. Depending on the result of such an examination, the Ticket Online Sales & Service Center GmbH reserves its right not to offer the customer SEPA direct debit in the further ordering process as a payment method.
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Data transmission in case of credit card payments with 3D Secure
Due to legal requirements (the Payment Services Directive, “PSD2”), and/or to protect against fraudulent use of credit card data, the 3D-Secure procedure is usually applied. With 3D-Secure, browser data, credit card data, address data (billing address, email address), as well as the transaction amount and currency will be transferred to the credit card issuer via the credit card organizations. This data is used by the card-issuing institute to determine the fraud risk of the transaction; depending on the amount and calculation result, an authentication of the payment transaction e.g. via TAN or app may be required.
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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 Ticket Online Sales & Service Center GmbH 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 Ticket Online Sales & Service Center GmbH in accordance with Section II. 1 above, which means that the consumer has an obligation to accept and pay for the tickets ordered.
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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).
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If the customer is a consumer, Ticket Online Sales & Service Center GmbH shall retain legal ownership of the purchased item until the invoice amount has been paid in full. If the tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that the invoice amount is paid in full. The respective security interests are transferrable to third parties.
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If the customer is a businessperson engaged in commercial or self-employed activity, or a legal entity under public law, or a public-law corporation, Ticket Online Sales & Service Center GmbH retains legal ownership of the purchased item until all outstanding debts in the business relationship with the customer have been settled. If tickets are personalised, the rights vested by the ticket are transferred to the customer on condition that all outstanding debts in the business relationship with the customer have been settled. The respective security interests are transferrable to third parties.
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The customer has no right of set-off unless the customer’s counter-claims are established by a final court decision, or are undisputed or acknowledged by Ticket Online Sales & Service Center GmbH. Furthermore, the customer has a right of set-off only to the extent that the customer’s counter-claim derives from the same contractual relationship.
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If the customer is in default on any payments owed to Ticket Online Sales & Service Center GmbH, all outstanding receivables shall become due immediately.
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Ticket Online Sales & Service Center GmbH 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.
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In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, Ticket Online Sales & Service Center GmbH shall be liable limited to compensation for foreseeable losses typical for this type of contract.
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Apart from the cases stated in paragraphs 1 and 2, Ticket Online Sales & Service Center GmbH shall not be liable for losses caused by simple negligence.
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The customer's right to free him/herself from the contract due to a breach of obligation for which the promoter or Ticket Online Sales & Service Center GmbH is not responsible and in which the goods are not at fault is ruled out.
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If the liability of Ticket Online Sales & Service Center GmbH is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.
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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.
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The sole place of fulfilment for delivery, performance and payment is Hamburg if the customer is an entrepreneur in the sense of § 14 German Civil Code.
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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 Hamburg. In the case of cross-border contracts, this also applies for non-merchants. Ticket Online Sales & Service Center GmbH reserves the right to call on any other internationally responsible court.
- Ticket Online Sales & Service Center GmbH does neither commit itself nor is obliged to use alternative dispute resolution entities to resolve disputes with consumers.
II. Conclusion of the contract, cancellation
III. Price components and methods of payment
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:
For all other contracts concluded with consumers the following applies:
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,
Ticket Online Sales & Service Center GmbH, Customer Service, 19367 Parchim, +49 (0) 1805 257104 (14 Ct./Min. incl. VAT, Mobile max. 42 Ct./Min. incl. VAT), E-Mail: kundenservice-stage@ticketonline.de,
of your decision to cancel the contract by sending us a clear written statement to that effect (e.g. in a postal letter 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.)
• 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)
• Date
(*) 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:
Ticket Online Sales & Service Center GmbH may refuse to pay the refund until the goods have been returned to Ticket Online Sales & Service Center GmbH 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 Ticket Online Sales & Service Center GmbH without delay, in any case no later than fourteen days after the day on which the customer notified Ticket Online Sales & Service Center GmbH 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.