Standard Terms and Conditions of Business for Ticket Shop
Standard Terms and Conditions of Business for the ticket system operated by [Six Step GmbH, Asternstrasse 49 A, 30167 Hannover] (hereinafter referred to as “[Six Step GmbH]”) for contracts entered into over the Internet for the arrangement of the sale and purchase of tickets.
SCOPE
The following Standard Terms and Conditions of Business shall apply to the purchase of admission tickets to events (hereinafter referred to as “tickets”) via the Internet website operated by Six Step GmbH. These Standard Terms and Conditions shall apply to all present business relations. All other standard terms and conditions of business deviating from or inconsistent with these terms or purporting to supplement them shall be excluded notwithstanding Six Step GmbH awareness of them unless they are expressly accepted in writing. These Standard Terms and Conditions of Business may be inspected by anyone at all times at www.battleoftheyear.de.
DEFINITIONS
As used in these Standard Terms and Conditions of Business, the term “consumer” shall refer to any natural person entering into a legal transaction for any purpose other than for commercial gain or in the pursuit of activities as a self-employed person.
As used in these Standard Terms and Conditions of Business, the term “business entity” shall refer to any natural or artificial person or non-incorporated entity engaged in commercial or independent business operations.
As used in these Standard Terms and Conditions, the term “customer” shall refer to either a consumer or a business entity.
SCOPE OF SERVICES PROVIDED AND CONTRACTUAL PARTNER
Six Step GmbH shall act only as an intermediary for the events for which tickets are offered. The organizer of the event in question shall always be the contractual partner. The acquisition of the ticket for the event in question shall thus establish contractual relations solely between the holder of the ticket (customer) and the organizer of that event. It should be expressly noted that the organizer of the event may have its own standard terms and conditions of business governing such legal relations. By placing an order for tickets, the customer shall authorize Six Step GmbH to execute the purchase and shipment of the tickets. Accordingly, Six Step GmbH shall be deemed to act solely as a collection agency for the price of the ticket payable plus value added tax. The contractual partner for the provision of the event for which Six Step GmbH acts as the intermediary (hereinafter referred to as the “contract with the organizer”) shall be solely the organizer of the event selected, who in particular shall be liable for any claims asserted on account of any breach of duty with respect to the provision of the event. This may be additionally governed by the organizer’s own standard terms and conditions of business.
CONTRACT
a. The arrangement contract with “Six Step GmbH” shall arise as follows: The customer selects the event desired and the number and type of tickets on the ordering website. The customer discloses his or her address and contact data as well as the payment data required to collect the amount owing. In placing his or her order, the customer must accept these Standard Terms and Conditions of Business and the data privacy rules. Accordingly, upon clicking on the button labeled “Send order”, the customer shall be deemed to have submitted an offer. After sending the offer, the customer shall receive confirmation of receipt by e-mail, which shall constitute acceptance of the offer by Six Step GmbH. The arrangement contract shall be deemed to have arisen upon acceptance of the offer.
b. The contract between the customer and the organizer in question governing admission to the event shall be deemed to have arisen upon the ticket being downloaded or upon receipt by the customer of the order confirmation.
c. No liability shall be assumed for any errors or omissions in any data displayed on the Ticketshop website.
PRICES
a. Six Step GmbH shall arrange the sale and shipment of the tickets on behalf of and for the account of the organizer in question. The prices quoted during the order process shall include all fees and taxes.
b. The tickets shall be sent either as electronic tickets by e-mail (“online ticket”) or as printed paper tickets (“hard ticket”).
PAYMENT
Tickets can be paid for either via direct debit authorization, prepayment, credit card or PayPal at the customer’s choice. The total price of the order shall be payable immediately upon the contract being established.
RESALE
Commercial reselling of either online or hard tickets shall not be permitted. All breaches of this duty shall be subject to prosecution.
DELIVERY
The date of delivery shall depend on the payment method selected. Six Step GmbH shall arrange the shipment of the tickets ordered upon receipt of payment from the customer.
PURCHASING PROCESS FOR ONLINE OR HARD TICKETS
a. Online-ticket:
The customer shall receive the tickets ordered as online tickets. The printout of a ticket shall constitute single entitlement to admission to the event in question. If the customer has not received the order confirmation with the ticket within 12 hours of placing a booking, Six Step GmbH must be contacted in writing without delay. This shall additionally apply in the event of any problems in printing out the online ticket or if the online or hard ticket is found to contain any errors.
b. Online and hard tickets shall be stored safely and protected from any risk of misuse.
DATA PROTECTION
All personal data such as names, telephone or fax numbers and e-mail addresses collected in connection with the contract for the sale and purchase of tickets shall be used solely for arranging the ticket booking or for notifying the customer in connection with the admission tickets bought. Under no circumstances shall this data be made available to third parties. Unless the customer objects, Six Step GmbH and third parties authorized to execute the contract may collect, process and use the data received in order to advise customers, for advertising, for its own market research purposes and for enhancing its range of products. The customer may revoke his or her consent at any time without stating the reasons.
RIGHT OF RESCISSION AND RETURN
The arrangement contract entered into with Six Step GmbH constitutes a contract as defined in Section 312 b (3) No. 6 of the German Civil Code. Accordingly, the provisions contained in Sections 312 b et seq. of the German Civil Code do not apply to customers who are consumers if the entity active in the area of leisure events (in this case Six Step GmbH) undertakes as of the date on which the contract is entered into to provide the service in question on a defined date or within a defined period. Accordingly, each order for tickets shall be binding upon being confirmed by Six Step GmbH with the consequence that the customer shall be under an obligation to take acceptance of them and to pay for them. Tickets may not be returned or exchanged.
RIGHT OF RESCISSION IN THE EVENT OF THE POSTPONEMENT OR CANCELLATION OF THE EVENT
a. If any events for which Six Step GmbH has arranged the sale of tickets on behalf of and for the account of other organizers are canceled or postponed, the terms and conditions of that organizer shall apply. Accordingly, the responsible organizer shall be responsible for determining the type and scope of restitution and the refund of the price paid for the ticket to the customer.
b. If Six Step GmbH has any information on postponed or canceled events or changes in venue, it shall as far as possible inform the customers by e-mail immediately after receiving such information. Any restitution shall be solely between the customer and the organizer in question. The name of the organizer shall be disclosed during the ordering process and is also stated on the face of the ticket.
c. Six Step GmbH reserves the right to rescind the arrangement contract due to impossibility or any obvious mistake in the price. This shall particularly also apply to any occurrences beyond Six Step GmbH control. If Six Step GmbH rescinds the contract, it shall notify the customer immediately upon learning of all factors rendering performance of the contract impossible, stating the reasons for such impossibility and immediately refunding all full or part payments made by the customer.
LIABILITY
a. Six Step GmbH shall not be liable for death, personal injury or health impairments except in the event of negligence or willful misconduct on the part of Six Step GmbH or any of its agents.
b. Six Step GmbH shall be liable for property or financial loss arising from willful misconduct and gross negligence on a precontractual, contractual or statutory basis. Moreover, it shall be liable for simple negligent breach of any material contractual duties, i.e. those the breach of which jeopardizes due and proper performance of the contract, it being understood that in the event of such simple negligence breach of any material contractual duties its liability shall be confined to loss typical of the contract and foreseeable when the contract was entered into.
c. This shall not operate to restrict mandatory statutory liability.
MISCELLANEOUS PROVISIONS
a. If the customer is a business entity as defined in the German Commercial Code, all disputes arising directly or indirectly from the contractual relationship shall be referred to the responsible courts of law of the City of Berlin. Six Step GmbH also reserves the right to commence proceedings before any other competent court in any other jurisdiction. This shall also apply to non-business entities in connection with cross-border contracts.
b. German law shall apply; the UN Convention on Contracts for the International Sale of Goods shall be excluded. This shall not prejudice the mandatory provisions applicable in the jurisdiction in which the customer has his or her habitual residence;
c. If any of the provisions contained in these Standard Terms and Conditions of Business is or becomes void or ineffective in part or in full, this shall not prejudice the validity of the remaining provisions. In this case, the parties shall agree on new provisions coming as close as possible to the economic purpose of the original provisions. Rev. November 2012.
USE OF THE ONLINE TICKET SHOP
The Ticket Shop and related website are available for utilization by you as the buyer of admission tickets offered by the event organizer. It may not be used for any other purpose. The entire website is subject to copyright protection. The content of the website is the property of Six Step GmbH. The software is the property of AFFILITIX Software GmbH, Rotherstraße 8, 10245 Berlin.