General Terms and Conditions of the Operator
1. These Terms and Conditions govern the business relationship between the purchaser of an admission ticket and the ticket service of Postticket.com (telephone/fax/internet etc.).
2. The operator of the ticket service [posttick.com], hereinafter referred to as the operator, sells admission tickets exclusively in the name of and for the account of the event organiser.
3. All claims in connection with services owed in return for the purchase of the ticket must be fulfilled by the event organiser and under no circumstances by the operator.
4. The name of the event organiser is stated on the ticket. Should the details given there not be sufficient for the ticket purchaser to identify the event organiser, further information about the organiser can be obtained from the operator at any time.
5. When purchasing admission tickets for events, there is no right of withdrawal. These are contracts for services in connection with leisure activities for which a specific date or period is provided; the right of withdrawal is excluded in this respect pursuant to section 312g (2) no. 9 of the German Civil Code (BGB). Every order of admission tickets is therefore binding upon conclusion of the contract and obliges the customer to accept and pay for the tickets ordered.
6. Exchanging or returning tickets etc. is generally excluded unless the operator is at fault.
7. Tickets are dispatched at the risk of the purchaser. The transport company is selected by the operator.
8. Immediately upon receipt of the tickets, the customer is obliged to check them for the correct quantity and prices, date, time, event and venue.
9. The operator is not liable for cancelled events. Should an event be cancelled, the operator will do everything possible to notify customers in good time. This is only possible for customers known by name. Information about cancelled events can be obtained either from the ticket service of Postticket.com or from the event organiser directly. In special exceptional cases, a refund of the ticket price may be made at our discretion and by our decision. In the event of a refund of the ticket price, processing and shipping costs will not be reimbursed.
10. If an e-ticket comes into the hands of third parties through hacking, forwarding, printing, loss or in any other way, and the ticket is used by another person before the purchaser gains admission, so that the purchaser is no longer able to access the booked event, there is no entitlement to a refund.
11. In the event of the loss of an e-ticket or a physical ticket, as well as if you determine or have reason to believe that the ticket has come or could come into the hands of third parties, you are obliged to inform us without undue delay. This enables us, as far as technically possible, to block the ticket concerned and to issue a new ticket for you.
12. Additional costs may be incurred for blocking a ticket and/or issuing a replacement ticket.
13. Personal data is processed in compliance with the data protection provisions applicable to the contract. The data (e.g. name, address, email, telephone number) is collected, processed and used by the operator by automated means to the extent required for the establishment, structuring or amendment of the contractual relationship. The operator is entitled to transfer this data to third parties commissioned by us with the performance of the purchase contract, insofar as this is necessary for the contracts concluded to be fulfilled. Unless the customer objects, the operator is furthermore entitled to collect, process and use the data received for the purpose of advising the customer, for advertising, for market research for its own purposes and for the needs-based design of its offers. This consent may be revoked by the customer at any time without giving reasons.
14. If the purchaser receives these Terms and Conditions in their full form only after purchasing the ticket (only possible in the case of telephone sales), the tickets purchased may also be returned after the purchase, provided that the purchaser does not agree with the Terms and Conditions and there is a close temporal connection.
15. If admission tickets are ordered by electronic means (e.g. via the internet), the purchaser bears the associated risk (Trojan horses, viruses etc.). Our General Terms and Conditions for the ticket service on the internet apply in addition.
16. In addition to the Terms and Conditions of the operator, the Terms and Conditions of the event organiser apply. The essential points of these Terms and Conditions are set out below and likewise become part of the contract.
17. If an event is postponed, the tickets purchased may be returned. In this case the service fee, the transaction fee and the processing fee as well as the shipping costs incurred for the return are to be borne by the purchaser.
18. By purchasing the admission ticket, the purchaser accepts these Terms and Conditions as binding. Should any of the above points be invalid, the statutory provision closest to these Terms and Conditions shall apply (severability clause). The remaining points shall continue to be effective.
Ordering and Conclusion of Contract
Conclusion of the Contract
The tickets presented during the ordering process constitute a binding offer by the operator, subject to availability at the time of the order.
The customer accepts this offer by submitting the order subject to payment. The contract is thus concluded upon submission of the order.
Before submitting the order, the customer may check and correct their entries at any time.
Immediately after conclusion of the contract, the customer receives a confirmation by e-mail. Where e-ticket delivery has been selected, the tickets are also made available automatically by e-mail.
If the conclusion of the contract is based on an obvious error on the part of the operator, in particular an obviously incorrect price statement, the right to contest the contract under the statutory provisions remains unaffected. Payments already made will be refunded without undue delay in such a case.
Eligibility to Order
By submitting the order, the customer represents that they have reached the age of 18 and have full legal capacity, or that they are acting with the consent of their legal guardians.
The operator may cancel an order and block the tickets concerned if it turns out that these requirements are not met and the legal guardians refuse to approve the contract. Payments already made will be refunded in such a case.
The statutory provisions on the legal capacity of minors (sections 104 et seq. of the German Civil Code, BGB) remain unaffected.
The age requirements for attending the respective event remain unaffected; they follow from the information on the event and the terms and conditions of the event organiser.
Purchase Limits
The operator or the event organiser may limit the number of tickets that one person, one household, one e-mail address, one delivery address or one means of payment may purchase for an event. Where such a maximum number has been set, it will be shown during the ordering process or in the information on the event.
Orders that exceed a defined maximum number or are evidently aimed at circumventing it — for example by using several accounts, addresses or means of payment — may be cancelled by the operator in whole or in part. Tickets concerned may be blocked in accordance with the section "Resale and Transfer of Tickets".
The use of automated procedures, in particular so-called bots, to purchase tickets is prohibited.
Prices, Fees, Payment and Delivery
All prices are final prices including statutory value added tax. In addition to the ticket price, advance booking, service, transaction, processing and shipping fees may be incurred. These are shown separately before the order is completed.
The available payment methods are displayed during the ordering process. The operator may exclude individual payment methods in individual cases.
The purchase price is due for payment upon conclusion of the contract, unless otherwise stated during the ordering process. In the event of returned direct debits or failed payments, the operator may charge the resulting costs insofar as the customer is responsible for them.
Delivery takes place, depending on the event and the customer's selection, as an e-ticket (made available for download or sent by e-mail), by post or for collection. The available delivery methods and any deadlines are displayed during the ordering process.
As long as the purchase price has not been paid in full, there is no entitlement to the handover or provision of the tickets.
Resale and Transfer of Tickets
Tickets purchased via posttick.com are intended exclusively for the personal use of the purchaser and, where applicable, of their accompanying persons.
The purchase of tickets for the purpose of trade, commercial or profit-oriented resale is prohibited. In particular, it is not permitted to purchase tickets with the aim of subsequently reselling them.
Any resale or transfer of a ticket to another person requires the prior express consent of posttick.com. Without such prior approval, passing on or reselling the ticket is not permitted.
Private transfer in the event of inability to attend
If the original purchaser is unable to attend the event for personal reasons, posttick.com or the event organiser may, upon prior request, approve a private transfer or a private resale of the ticket.
The approval must be obtained before the ticket is offered, sold or transferred.
Approval may be granted in particular if:
- the transfer takes place exclusively for private reasons and was not already intended at the time of the original purchase of the ticket;
- the resale is not carried out on a trade, commercial or profit-making basis;
- the sale price requested does not exceed the original ticket price (face value) shown on the ticket;
- no additional surcharges, commissions, brokerage fees or other amounts are requested that result in an economic profit for the seller; and
- the conditions for the transfer of the ticket specified by posttick.com or the event organiser are complied with.
Subsequent approval of a resale or transfer that has already taken place cannot be demanded.
Unauthorised resale and blocking of tickets
If posttick.com or the event organiser becomes aware that a ticket purchased via posttick.com has been offered for resale, resold or transferred to a third party without the required prior approval, the ticket concerned may, to the extent permitted by law, be irrevocably blocked or declared invalid.
This applies irrespective of whether the ticket was offered or resold at the original ticket price, at a higher price or at a lower price. What is decisive is the unapproved transfer or the unapproved resale.
In the case of a ticket blocked or declared invalid in this way, admission to the event may be refused.
Mandatory statutory consumer rights remain unaffected.
Contractual Penalty for Unauthorised Transfer
If the customer culpably breaches the prohibition on trade, commercial or profit-oriented resale, or the obligation to obtain prior approval for a transfer, the operator may demand a contractual penalty for each individual case.
The amount of the contractual penalty is determined by the operator at its reasonable discretion and is subject to review as to its appropriateness by the competent court in the event of a dispute.
The assertion of any damage exceeding this amount remains reserved; a contractual penalty that has been incurred shall be set off against a claim for damages.
The customer reserves the right to prove that no damage or substantially less damage has occurred.
Tickets and Admission
Personalised Tickets
For certain events, tickets are issued in the name of the purchaser or of the visitors (personalised tickets). Whether and to what extent personalisation takes place is shown during the ordering process.
In the case of personalised tickets, presentation of an official photo ID may be required at the entrance. If the details on the ticket and on the ID do not match, admission may be refused; there is no entitlement to a refund in such a case.
The purchaser is obliged to provide accurate data when personalising the ticket. Providing the data of third parties without their consent is not permitted.
The operator is not obliged to verify the identity of visitors.
Admission Controls and Late Arrival
Admission to the event requires the presentation of a valid ticket. The event organiser and the security staff engaged by it are entitled to check tickets and items carried.
The customer is required to arrive in good time before the event begins and to allow sufficient time for the admission control. Admission times follow from the information on the event.
In the case of late arrival, admission may, for safety reasons or to protect the course of the event, only be granted at a suitable later time, for example during an interval, or in individual cases not at all. There is no entitlement to a full or pro rata refund of the ticket price in such a case.
If admission is refused due to a breach of the house rules or for other reasons for which the customer is responsible, there is likewise no entitlement to a refund.
Cancellation, Postponement and Insolvency of the Event Organiser
The event organiser alone is responsible for staging the event. The operator will inform customers known to it by name of cancellations, postponements or material changes as soon as it becomes aware of them itself.
If an event is cancelled, the ticket price will be refunded in accordance with the event organiser's instructions. The operator handles the refund in the name and for the account of the event organiser, provided that it has not yet forwarded the money collected to the event organiser and the event organiser instructs it to do so.
Advance booking, service, transaction, processing and shipping fees are not refunded, to the extent permitted by law, as they cover the brokerage service already rendered.
The operator is not the event organiser. In particular, it is not liable for the insolvency or inability to pay of the event organiser. In such a case, claims must be directed to the event organiser directly.
Customers are advised to inform themselves about any changes before the event.
Liability of the Operator
The operator shall be liable without limitation for damage arising from injury to life, body or health that is based on an intentional or negligent breach of duty by the operator, its legal representatives or vicarious agents, as well as for damage based on intent or gross negligence on the part of the operator, its legal representatives or vicarious agents.
In the event of a merely slightly negligent breach of a material contractual obligation, the operator's liability shall be limited to the foreseeable damage typical for this type of contract. Material contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
Any further liability of the operator is excluded.
Liability under the German Product Liability Act and in the event of the assumption of a guarantee remains unaffected.
The operator is not liable for the staging of the event itself. In this respect, claims are to be directed exclusively against the event organiser.
Final Provisions
Applicable Law, Place of Performance and Place of Jurisdiction
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer with habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected.
The place of performance for all obligations under this contract is the registered office of the operator.
For consumers, the statutory provisions on jurisdiction apply. Mandatory statutory provisions on judicial jurisdiction, in particular those applicable to consumers, remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be — to the extent permitted by law — the registered office of the operator.
The same applies, to the extent permitted by law, if the customer is an entrepreneur and has no general place of jurisdiction in Germany, or relocates their domicile or habitual residence abroad after conclusion of the contract, or if their domicile or habitual residence is unknown at the time the action is brought.
Consumer Dispute Resolution
The operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
General Terms and Conditions of the Event Organiser
1. Contractual relationships are established exclusively between the event organiser and the lawful ticket holder.
2. The admission ticket entitles the holder to attend the event named on the ticket once only. Upon leaving the venue, the admission ticket becomes invalid.
3. If the event is cancelled, the ticket holder will receive the full admission price back from the advance booking office where the tickets were purchased, provided that the advance booking office has not yet forwarded the money collected to the event organiser.
4. The postponement of the event is reserved. The return of admission tickets in the event of a postponement is permitted up to 2 weeks from the date on which the customer was informed of the postponement of the event. If notification is given less than 2 weeks before the final event date, the tickets can only be taken back up to the day before the final event date.
5. Lost or destroyed tickets will not be replaced.
6. Claims for damages arising from positive breach of contract (PVV), culpa in contrahendo (CIC) and tort, section 823 of the German Civil Code (BGB), are excluded unless the event organiser, its legal representative or its vicarious agent acted intentionally or with gross negligence and no material contractual obligations have been breached. Claims for damages arising from impossibility of performance and default as well as due to breach of material obligations are limited to the negative interest.
7. Bringing glass containers, cans, tape recorders, film and video cameras, bulky objects, cool bags, pyrotechnic articles, torches, sparklers, weapons and similarly dangerous objects as well as animals is prohibited. Non-compliance will result in expulsion from the event site. The event organiser is entitled to take provisional possession of objects of the aforementioned kind. Film and video recordings – including for private use – are not permitted. Violations will be prosecuted.
8. Only persons who have reached the age of 16 are entitled to admission. Children and young people under the age of 16 may only attend the event when accompanied by a person with parental authority or a person entrusted with their upbringing (within the meaning of section 1 (1) nos. 3 and 4 of the German Protection of Young Persons Act, JuSchG).
9. The holder of the admission ticket consents, without remuneration by the event organiser, to the event organiser being entitled to produce, reproduce, broadcast or have broadcast, as well as to use in audiovisual media, images of the holder taken during the event which go beyond the depiction of an event of contemporary history (right to one's own image).
10. The house rules of the event organiser, in particular the instructions of the security staff, must be observed. Entering the stage or the stage area and any cordoned-off areas is strictly prohibited. Violations will incur a contractual penalty of € 500, subject to further claims.
11. At events, particularly at rock and pop concerts, there is a risk of hearing damage and health damage due to the volume.
12. Should any of the above points be invalid, the statutory provision closest to these Terms and Conditions shall apply (severability clause). The remaining points shall continue to be effective.
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