General terms Ticket-Orga GmbH & Co. KG

General Terms and Conditions Ticket-Orga GmbH & Co. KG

1. Scope

These General Terms and Conditions (“GTC”) apply to all contracts for the services described in the following provisions, which are concluded between Ticket-Orga GmbH & Co. KG, Gasstraße 12, 22761 Hamburg Deutschland, (hereinafter: “we”, “us”) and the client via the website www.global-tickets.com. Deviating conditions of the client do not apply.


2. Subject matter of the contract

We offer the client a search service for the acquisition of event tickets and access authorisations (hereinafter uniformly referred to as “tickets”). We are neither the organiser nor the seller of the ticket. The client can instruct us via the website www.global-tickets.com to search for a certain ticket. If our search is successful, we purchase the ticket for the client on his/her behalf from the respective seller of the ticket (hereinafter “provider”).


3. Contract conclusion; authorisation

3.1. Via the website www.global-tickets.com, the client can select a ticket in a specific area for the event he/she wishes to attend. We offer the client to take on a search order for the tickets displayed on the website. After selecting the desired ticket and entering his/her personal data, the client places a binding order by clicking on the button chargeable order, the receipt of which concludes the contract. By sending the order, the client also authorises us to purchase the ticket on his behalf from the respective provider selected by us in accordance with section 6.1 if our search is successful.

3.2. Until the order is bindingly placed, all entries can be continuously corrected using the usual keyboard and mouse functions.

3.3. We confirm the receipt of the client’s order immediately by e-mail.

3.4. If the client has a customer account, the order data is stored by us and can be accessed by the client via the password-protected customer account after sending his/her order.

3.5. The order processing and contact are carried out by e-mail and automated order processing. The client is to ensure that the e-mail address provided by him/her for order processing is correct so that he/she can receive the e-mails sent by us at this address. The client is to inform us immediately of any changes.


4. Contractual relations

4.1. An agency agreement is concluded between us and the client which covers the search for and procurement of the ticket on behalf of the client.

4.2. The purchase contract concluded by us for the client with regard to the ticket is formed directly between the client and the respective provider of the ticket on the basis of any general terms and conditions of the provider.

4.3. Furthermore, through the acquisition of a ticket, contractual relationships are established between the client and the respective organiser of the event. The contractual relationship with the organiser is based on any general terms and conditions of the organiser.


5. Prices and payment conditions

5.1. The client undertakes to pay us the total price indicated in advance. The price covers the expenses required to fulfil the agency services owed by us, i.e. the purchase price for the ticket payable to the provider on behalf of the client and our service fee.

5.2. Unless otherwise stated on the website, we offer the following payment options:

  • Credit card
  • SOFORT bank transfer
  • Prepayment/bank transfer
  • IDEAL

 


6. Scope of the performance obligations; non-delivery

6.1. Based on the authorisation granted to us, after a successful search, we are entitled to purchase the desired ticket at the price negotiated by us on behalf of the client from a provider selected by us subject to the usual terms and conditions of that provider or, if applicable, terms and conditions that are more favourable for the client. We are not entitled to oblige the client to make any payment to the provider beyond the down payment made by him/her.

6.2. We will make all reasonable efforts to procure the desired ticket at the agreed price within a reasonable period of time. However, we cannot guarantee procurement. If in individual cases, as an exception, our search for the ticket requested by the client proves ultimately unsuccessful, we will inform the client of this without delay. In this case, we will immediately refund the amount received from the client minus the service fee payable for our services. Alternatively, on request, we will issue the client with a voucher for the total amount paid by him/her (including our service fee), which he/she can use for another search request on the website www.global-tickets.com. The client has no further claims, in particular claims for damages due to non-fulfilment.

6.3. For organisational reasons, in individual cases, we reserve the right to procure tickets for the client of a higher category than that requested without incurring additional costs for the client, insofar as this is reasonable for the client. We wish to draw your attention to the following: Higher-value tickets may, e.g. in case of seats close to the stage, contain a note from the organiser indicating possible restricted visibility. As a rule, however, in these cases visibility is only slightly restricted. A note of this kind by the organiser on the ticket therefore does not, in itself, constitute unreasonableness of the allocation of the higher category.

6.4. If we conclude a contract with a provider on behalf of the client for the purchase of the ticket and this is not fulfilled at all, on time or properly by the provider, the client’s claims arising from this are directed against the provider. Provided we have not breached any of our own obligations, we are not liable. This also applies in case of insolvency of the provider. Breaches of duty by the provider are not attributable to us.

6.5. If the ticket purchased is already a personalised ticket, the client has to contact the respective organiser in order to have the ticket transferred (re-personalisation), insofar as the re-personalisation has not already been arranged by us in the course of the ticket purchase. If we arrange the re-personalisation, this is a voluntary additional service. The re-personalisation is not part of our contractually owed services. The client has no claims against us in this regard.

If the re-personalisation is undertaken by us, the client is obliged to provide us with the data required for this in full and on time. In case of any incorrectness or incompleteness that is obvious to us, we will request the client to correct or supplement the details. The client alone is responsible for the consequences of incorrect or incomplete details, provided that the incorrectness or incompleteness was not obvious to us or the client did not comply with our request for completion or correction. The client is to arrange any (possibly renewed) re-personalisation required as a result of this with the organiser. If the purchase of the ticket is not possible without the missing details of the client, after setting a reasonable grace period we are entitled to terminate the contract concluded with the client with immediate effect. In this case, we are neither obliged to purchase the ticket nor to search further. In this case, the legal consequences in case of an unsuccessful search as specified in section 6.2 apply accordingly.


7. Dispatch of the tickets

7.1. The tickets purchased by us on behalf of the client will be sent by us or directly by the provider or organiser either by post to the delivery address provided by the client or, if available, as Print@Home tickets by e-mail to the client or deposited in the customer account for printing or they will be handed to the client in accordance with section 7.4 at the venue on the day of the event. We will inform the client in good time about a handover at the venue.

7.2. If delivery to the client is not possible for reasons within his/her responsibility and the transport company commissioned returns the tickets, the client is to bear the costs of the futile delivery.

7.3. If the tickets are not dispatched by the provider or organiser, but by us, the following applies: The risk of accidental loss and accidental deterioration of the tickets sent by us by post passes to the client when the tickets are handed to him/her or put in the letterbox. If the client is an entrepreneur (cf. § 14 of the German Civil Code (BGB)), the risk of accidental loss and accidental deterioration in case of dispatch passes to the client as soon as the tickets are handed over to a suitable transport person. If the dispatch is carried out directly by the provider or organiser, they are not acting as vicarious agents for us. The dispatch is carried out under their own responsibility.

7.4. If we have informed the client that the tickets will be issued at the venue on the day of the event, the client may either pick up the tickets at the collection desk or from one of our employees on presentation of our electronically transmitted order confirmation and a valid official identity card or passport in accordance with our prior notification. In this case, the client will be informed by us by e-mail in good time before the event of all the necessary handover details, such as the meeting point for the handover, the location of the collection desk or the contact details of the contact person on site.


8. Implementation of the event by the organiser; cancellation and postponement; access authorisation

8.1. The contractual implementation of the event is the sole responsibility of the respective organiser. This also applies to compliance with any relevant child and youth protection regulations at the event attended. The client is to inform him/herself with the organiser in good time of any related access restrictions (minimum age, accompaniment of an adult), rules of conduct (e.g. alcohol consumption) or similar.

8.2. The access authorisation and its requirements are based on the regulations of the organiser and are to be clarified with the organiser. The client is advised that the tickets purchased for him/her may derive from a so-called resale. We accept no liability for the invalidation of tickets purchased from the provider by the organiser prior to the event and/or refusal of admission to the event based a ban of the resale of tickets contained in the organiser’s general terms and conditions.

8.3. In case of impairment of performance or changes in connection with the implementation of the event (for example, postponement and/or relocation, cancellation, abandonment, change of the stage construction at short notice, replacement of band members), any claims of the client are directed against the organiser. These are governed by the statutory provisions and any additional applicable general terms and conditions of the organiser. Due to occasional cancellations at short notice, the client is requested to inform himself/herself in the (local) daily press or suitable other sources about the actual implementation of the event.

8.4. We accept no liability in case of impairment of performance in connection with the event, unless this is due to a breach of duty on our part. This also applies in case of cancellation of an event due to the insolvency of the organiser.


9. Liability

9.1. Subject to the following provisions, we are only liable in case of intent and gross negligence as well as in case of culpable violation of essential contractual obligations. Essential contractual obligations are those which need to be fulfilled in order to achieve the purpose of the contract and compliance with which the client regularly relies on and may rely on. In case of the violation of essential contractual obligations due to simple negligence, our liability is limited to the foreseeable damage typical for the contract.

9.2. Liability for culpable injury to body, life and health remains unaffected by the above limitations of liability.


10. Customer service

Our customer service is available for the client at support@global-tickets.com. The service is provided by a contracted service provider on our behalf.


11. No right of withdrawal

According to § 312 g para. 2 no. 9 BGB, there is no right of withdrawal for services in connection with leisure activities such as concerts and sporting events if the contract sets a specific date or period for the performance.


12. Applicable law; place of jurisdiction

12.1. The contractual relationship between the client and us is governed by the law of the Federal Republic of Germany to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG). If the client is a consumer who is ordinarily resident in a country other than Germany, mandatory provisions of that other country which cannot be deviated from by agreement remain unaffected. A consumer is a natural person who enters into the contract for purposes that are not primarily related to his/her commercial or self-employed activity.

12.2. Under the link http://ec.europa.eu/consumers/odr/ the European Commission provides a platform for out-of-court online dispute resolution. We are not legally obliged to participate in a dispute resolution procedure before a consumer arbitration board and do not participate in such a procedure.

12.3. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the client is our registered office.