STB

STB

STANDARD TERMS OF BUSINESS (Internet)

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

  1. 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.
  2. 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.

Standard Travel Conditions

Terms of Business for Travel Arrangement

II. Conclusion of the contract, cancellation

  1. 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.
  2. No guarantee is given for the correctness of the data contained in the Internet presence of CTS EVENTIM AG & Co. KGaA.
  3. 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.
  4. §§ 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

  1. Ticket prices may exceed prices printed on the tickets. Depending on the event and the ordering modalities, payments can be made by SEPA Direct Debit, credit card (Visa, MasterCard, American Express, Diners Club or Discover), giropay, Sofortüberweisung, paydirekt or by payment in advance (by bank transfer), or on invoice or by installments. VAT is included in the price. The total price for the order, including all fees, is due for immediate payment. If payment in advance is chosen (by bank transfer), the total amount must be transferred in full by the stated date to the bank account specified by CTS EVENTIM AG & Co. KGaA. In the case of purchase on invoice, the invoice amount must be paid to Billpay GmbH by the date specified in the order confirmation email (10 days after invoice date). Purchase on invoice and by installments may not be available for all orders and are subject to a positive credit check by Billpay GmbH. For orders with payment on invoice, transactions shall be processed in cooperation with Billpay GmbH, to whom CTS EVENTIM AG & Co. KGaA assigns its claim to payment. In such a case, the debt can only be discharged by rendering payment to Billpay GmbH. Purchase on invoice is also governed by the General Termsof Business of Billpay GmbH. Purchase by installment is also governed by the special contractual terms of Billpay GmbH. 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.
  2. 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.
  3. Data transmission to SCHUFA:
    For orders with payment method SEPA direct debit, CTS EVENTIM 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/en/data-privacy/. Depending on the result of such an examination, CTS EVENTIM reserves its right not to offer the customer SEPA direct debit in the further ordering process as a payment method.

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:

  1. 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.
  2. 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, Customer Service, Contrescarpe 75A, D-28195 Bremen, +49 (0) 1806 533 933 (0,20 €/call incl. VAT, Mobile max. 0,60 €/call incl. VAT), Fax: +49 (0) 421 36 66 777, E-Mail: info@eventim.de,

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, Customer Service, Contrescarpe 75A, D-28195 Bremen: 
- 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:

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. Retention of title; set-off; right of retention when purchasing on invoice

  1. If the customer is a consumer, CTS EVENTIM AG & Co. KGaA 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.
  2. 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, CTS EVENTIM AG & Co. KGaA 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.
  3. 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 CTS EVENTIM AG & Co. KGaA. 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.
  4. If the customer is in default on any payments owed to CTS EVENTIM AG & Co. KGaA, all outstanding receivables shall become due immediately.

VI. Liability limitations, exclusion of withdrawal in the case of particular breaches of duty

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.

VII. Final provisions

  1. 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.
  2. 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.
  3. 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.
  4. As from 15 February 2016 the European Commission provides here an European Online Dispute Resolution platform. Our email address is info@eventim.de.
  5. CTS EVENTIM AG & Co. KGaA does neither commit itself nor is obliged to use alternative dispute resolution entities to resolve disputes with consumers.

As of: December 19th, 2018

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