GENERAL TERMS AND CONDITIONS FOR THE PURCHASE OF TICKETS (TICKETS)
By purchasing of the ticket ("Ticket"), contractual relations regarding the event attendance are exclusively entered into between the Ticket holder ("Customer") and e|motion sports gmbh germany (hereinafter referred to as "Organizer"). These general terms and conditions for the sale or purchase of Tickets for events ("TICKET T&Cs") shall apply in this respect, in addition to the general terms and conditions for the online ordering system of CTS EVENTIM Sports GmbH (hereinafter referred to as "CTS").
By ordering Tickets, the customer commissions CTS with processing the ticket purchase, including the dispatch of Tickets. CTS subsequently brokers the purchase contract in the name and on behalf of the event organizer, which comes into effect between the Customer and the event organizer on the basis of a valid Ticket purchase. Excluded from this is the case in which CTS itself acts as the "event organizer" vis-à-vis the Customer, in which case the purchase contract is entered into directly between the Customer and CTS.
By purchasing a ticket, the customer agrees to both the GTC of CTS, these TICKET T&C as well as the general terms and conditions of the Organizer (#).
(1) These TICKET T&C apply exclusively to the purchase and/or use of Tickets for events of the Organizer.
(2) In addition to the TICKET T&C, the general terms and conditions of the Organizer, the house rules of the respective venue (available at www.mercedescup.de/#) as well as the relevant hygiene and protection regulations of the Organizer (#) shall apply, which will also be handed out to the Customer upon attendance of the event at the venue.
2 Conclusion of Contract, Terms of Payment
(1) The order of Tickets by the Customer shall be deemed to be a legally binding offer to conclude a purchase contract with the Organizer. After examination - in particular the availability of the tickets - the order (offer) shall be confirmed by the Organizer by sending an order confirmation in text or written form on the basis of these TICKET T&C. The written order confirmation (including the invoice for the ticket purchase attached thereto) by the Organizer shall be deemed as "acceptance" of the Customer's offer to conclude the purchase contract. Upon receipt of the order confirmation by the Customer (acceptance), the contract between the Organizer and the Customer legally enters into force.
(2) The Ticket or admission prices are as per the respective current price list of the Organizer and the ticket categories from the respective current seating plan of the venue. In addition to the ticket price, shipping costs and/or an appropriate handling fee (e.g. advance booking fee, system fee) may be charged. These costs will be shown separately on the invoice.
(3) Ticket prices and any applicable shipping and handling fees shall be due for payment upon conclusion of the contract for the purchase of tickets, i.e. upon receipt of the order confirmation and the invoice attached thereto.
(4) If Tickets are sent or handed over to the Customer before payment of the entire ticket price has been made, regardless of the reason for this, the Tickets remain the property of the Organizer until the full and final payment of the ticket price. Tickets that have not been paid in full do not entitle the Customer to attend an event.
3. No right to revoke
Please note that there is no right to revoke or return the Tickets with respect to contracts regarding the provision of services with respect to accommodation for purposes other than residential purposes, transportation of goods, motor vehicle rentals, delivery of food and beverages, as well as for the provision of other services related to leisure activities, if the contract provides for a specific performance date or period.
Each order of Tickets by the customer is binding immediately upon receipt of the order confirmation by the Organizer (conclusion of the contract) and the Customer shall be obligated to accept and pay for the ordered Tickets.
When purchasing Tickets, the customer has no right of revocation or return (Section 312g para. 2 no. 9 German Civil Code (BGB)). This also applies if the Organizer offers Tickets in part via distance sales within the meaning of § 312c para. 2 BGB and thus a distance sale contract may exist in accordance with § 312c para. 1 BGB.
4 Shipping, Complaints
(1) Unless the Customer selects the "Electronic Ticket" option during the ordering process, Tickets shall be sent to the User by post (for shipping of online Tickets, see Section 12).
(2) The shipment of Tickets shall always be at the expense and risk of the Customer. The Organizer assumes no liability for loss of or damage to Tickets during shipping or for other damages in connection with the (also electronic) transmission of Tickets, unless the Organizer has acted with gross negligence or intent. The selection of the shipping company is at the sole discretion of the Organizer.
(3) The Customer shall check the Tickets for correctness after delivery or handover, in particular with regard to the number of Tickets ordered and delivered, the ticket price, the desired date for attending the event, the seat number, the ticket category, the event as well as the venue. In order to be able to ensure an exchange of Tickets, where applicable, a complaint by the Customer stating the reason for the complaint must be made immediately - at the latest, however, within three working days - after handover/delivery or receipt of the Tickets by email or in writing by post to the contact details of the Organizer named in section 10 of these TICKET T&C and the invoice receipt for the respective Tickets must be submitted along with such complaint. The date indicated on the invoice receipt, the postmark or the transmission protocol of the email shall be decisive for the observance of the complaint period. After expiration of the complaint period, no claims against the Organizer for return or change of the Tickets can be made. In the event of a justified and timely complaint, the Organizer will use its best endeavors to issue new tickets to the customer free of charge, provided that the Tickets (date, seat category, event) requested by the Customer are still available. The Organizer assumes no liability or guarantee if the Tickets requested by the Customer are no longer available. Only in the event that the Organizer is at fault for issuing or sending incorrect Tickets, it will provide the Customer with appropriate compensation, either in the form of comparable tickets or by reimbursing the Ticket costs. The Customer shall have no further claims against the Organizer in this respect.
(4) The Customer hereby agrees that he/she can be moved by the Organizer to different seats within the same ticket category.
5 Return, loss and refund of tickets
(1) Except in the case of a valid complaint (see section 4), the return or replacement of Tickets is excluded, as is the refund of the purchase price or the issue of replacement tickets in the event of loss.
This also applies if one or more participants/actors/players cancel their participation in an event or if individual games or show acts are cancelled as part of an event. If games/show acts are cancelled due to force majeure (rain, storm, etc.), the Customer shall not be entitled to a refund or subsequent price reduction. If games/show acts are cancelled due to other circumstances, which are beyond the control of the Organizer, including (but not limited to) the occurrence of infectious diseases, the outbreak of an epidemic or pandemic and event bans or restrictions regarding regular event operations based thereon or caused otherwise, the Customer shall also not be entitled to a refund or subsequent price reduction.
(2) The actual event or match dates and start times of individual matches are determined by the Organizer at its sole discretion. The date and time of the event or a match may be changed without prior notice. In case the event/ certain match dates are postponed, regardless of the reason for such postponement, the Tickets remain valid in any case. This also applies in the event of cancellation or postponement of an event/match, provided that the event/match is repeated or continued at a later date. If the customer is unable to attend a rescheduled match or event, he/she shall receive a refund of the purchase price for the Ticket (in the event of cancellation or at the time of rescheduling) against return of the original Ticket, provided that the Organizer culpably causes the rescheduling or cancellation of the event/match. This does not apply to such purchasers who did not purchase their Tickets through the official sales offices. They will not be refunded the purchase price paid for their Tickets by the Organizer if the match is cancelled or postponed. Other claims for compensation (such as expenses, travel costs, accommodation costs, etc.) against the Organizer are excluded.
Processing and shipping fees (cf. 2. (2)) are excluded from the refund of (pro rata) Ticket costs; these will be retained by the Organizer.
(3) The Customer assumes all risks and dangers arising in connection with attendance at the event. The Customer is responsible for Tickets that are not used or (e.g. due to late arrival) only partially used, lost, misplaced or stolen and cannot request compensation for such Tickets. For Tickets already purchased, no subsequent consideration of any discounts is possible. If, in exceptional cases (illness, etc.), Tickets are nevertheless taken back (goodwill on the part of the Organizer), the Ticket will be replaced without exception in the form of vouchers in the same amount (no cash).
6. Use and resale of tickets, contractual penalty
(1) Tickets may not be used by the Customer for the purpose of advertising, promotions or other commercial purposes (this includes raffles). Any commercial and trade sale and transfer of Tickets is reserved exclusively for the Organizer and the agencies authorized by the Organizer and is therefore not permitted to the Customer.
(2) In the event of violations of the aforementioned prohibition of sale, the Organizer shall be entitled to block the Tickets in question - including electronically - and to deny the respective Customer or Ticket holder access to the event and the event location without compensation or to expel him/her from the event location and to demand payment of the additional proceeds received by the reseller, provided that it was an unauthorized transfer of Tickets. The Organizer is also entitled to refuse a future sale of Tickets to the party violating these TICKET T&Cs, to issue a ban to access the venue, to transfer the data stored in this regard to other organizers, and to demand payment of an appropriate contractual penalty for each case of culpable violation of the contractual prohibitions on resale, which penalty shall be at the Organizer's reasonable discretion and may be subject to review by the competent court. The number of Tickets offered, sold, passed on or used shall be decisive in determining the amount of a contractual penalty. In addition, the Organizer reserves the right, in particular in the case of commercial resale of Tickets, to report the incident in an appropriate manner, including by stating names, in order to prevent the future exploitation and use of Tickets in violation of the contract. The Organizer expressly reserves the right to assert further legal claims.
7 Access to the venue, image and sound recordings
(1) The Customer agrees to a careful search and inspection and/or a temporary removal of prohibited items by the steward personnel present at the event venue. Prohibited items include (this list is not exhaustive): bottles, cans, alcoholic beverages, illegal drugs, posters, broadcast quality video and motion cameras, recording devices, camera lenses greater than 300 mm focus length, umbrellas, fireworks and smoke bombs. Intoxicated persons or persons under the influence of drugs may be denied entry to the event site.
(2) The Customer may not bring any political or advertising material onto the event venue. This also applies to provocative posters that may be seen by other persons during the event. Finally, the Customer is prohibited from selling marketing items at the event venue.
(3) The purchaser of a Ticket agrees irrevocably and free of charge for all present and future media that the Organizer or third parties commissioned by the Organizer are entitled to create, reproduce, broadcast or have broadcast image and/or sound recordings of his/her person that go beyond the reproduction of a current event, as well as to use them in audiovisual media, unless there are legitimate interests of the Customer against such use; Section 23 (2) of the German Art Copyright Act as well as the separate regulations on data protection remain unaffected. The Customer hereby grants the Organizer, its licensees, business and media partners the irrevocable and factually, temporally and locally unrestricted permission to use image and/or sound recordings of his/her person free of charge for the marketing of events of the Organizer and the reporting on such events (including the voice of the Ticket holder and his likeness). This refers to all purposes related to broadcasting and business purposes. The Customer does not need to be notified for this and will not receive any compensation.
(4) The stay in and at the event venue for the purpose of media coverage of the event (television, radio, internet, print and/or photo) is only permitted with the consent of the Organizer and in the areas specially designated for media representatives. Ticket holders are therefore not permitted to record sound, photos, videos, descriptions or results of the match without the prior consent of the Organizer. In case of violation, the Organizer and its employees are entitled to confiscate recording devices and cameras and to retain them for a fee until the end of the event. Films and recording materials of any kind on which parts of the event are recorded may be confiscated and kept by the Organizer. They will be returned to the owner if the latter has agreed to the prior deletion of the recording or photo. It shall be prohibited to bring photo cameras and other picture/film and sound recording devices for the purpose of commercial use.
(5) No customer may collect, distribute, transmit, publish or publicize match scores or related statistical material and other data for commercial or gambling purposes. Customers are only allowed to stay in the respective venue with the consent of the Organizer. Customers are further prohibited from making sound, photographs, videos of the respective event for business purposes without the prior written consent of the Organizer. Under no circumstances is the public distribution, making available, broadcasting and/or reproduction of sound, photo, film or video recordings of the event, in particular via the Internet or mobile phones or the support of other persons in such activities, permitted without the consent of the Organizer. Devices or equipment that may be used for such activities may not be brought to the event location without the prior consent of the Organizer.
(6) The entrainment of fireworks, bottles, cans, intoxicants and weapons of any kind (including projectiles, pocket knives) is strictly prohibited. Animals are prohibited on the event venue. Obviously intoxicated persons forfeit their right to enter the venue. Admission with discounted Tickets is possible only upon presentation of appropriate identification. Children who have not yet reached the age of eight do not need their own Ticket, but are also not entitled to their own seat. Violations of these TICKET T&C and/or the house rules of the venue may lead to expulsion from the event venue without refund of the ticket price.
(7) The Organizer may refuse admission to the venue if the imprint on the Tickets (price, seat, barcode, serial numbers, etc.) is tampered with or damaged, unless the Organizer is responsible for such circumstance.
(9) The Organizer is entitled to deny Customers access to the event venue if they show symptoms of illness such as increased body temperature, cough, (corona symptoms). In this case, the purchased Tickets will not be refunded by repayment of the ticket price.
(10) The Organizer further reserves the right to refuse the sale of Tickets for a certain period of time or, in serious cases, permanently to customers/visitors who disrupt the orderly course of an event or violate the respective house rules or instructions of the stewards.
Supplementary conditions regarding the conduct of a customer at admission and on the event premises are contained in the hygiene concept (#) and the General Event Conditions of the Organizer (#), which are binding for visitors to the event.
(1) The stay at and in the event venue is at the Customer's own risk. The Organizer is liable for personal injury and/or property damage - as far as permissible - only up to the amount of the insured risks.
(2) The Organizer is liable, regardless of the legal grounds, only for damages caused by itself or his legal representatives or vicarious agents, if acting with intent or gross negligence, unless essential contractual obligations are affected. Except in the case of intentional acts, the liability of the Organizer is limited to the compensation of the foreseeable, contract-typical damage, unless there is a grossly negligent violation of essential contractual obligations.
(3) Claims for culpable causation of damage to life, body or health, under the Product Liability Act and for fraudulent misrepresentation shall remain unaffected.
9. Data protection
For the Organizer, compliance with the applicable data protection regulations is self-evident. Therefore, the Organizer collects, processes and uses personal data during the execution of a contract only within the framework of the legal provisions. More detailed information on this can be found in the privacy notice of the Organizer (#), which the customer has expressly agreed to with the purchase of Tickets.
Pursuant to Section 7 (3) of the German Unfair Competition Act (UWG), the Organizer is entitled to use an email address that the Customer provides to the Organizer in connection with the purchase of goods or services in order to inform the Customer about similar goods or services of the Organizer in the future.
The Customer may object to the collection, processing and use of his personal data for promotional purposes at any time. The Organizer informs the Customer about this right to object in every advertising approach. If the buyer wants to object to the promotional use of his data, it is sufficient to send a message to:
e|motion sports GmbH Germany
Feuerbacher Weg 99, 70192 Stuttgart
Telephone: +49 (0)711 16543 61
(1) Ticket orders or inquiries regarding ticket sales through the online store or the Organizer's hotline can be made via the following contact options:
CTS EVENTIM Sports GmbH
Tel.: 01806 61 62 63 | Mon. - Sat. 08:00 - 20:00, Sun./Holiday 10:00 - 20:00 (0,20 Euro/call incl. VAT from German landline, max. 0,60 Euro/call incl. VAT from German mobile network)
(2) Ticket orders or inquiries regarding ticket sales directly from the Organizer (not through the online store) can be made via the following contact options:
(3) Ticket orders or inquiries regarding ticket sales in advance booking offices can be made via the respective advance booking office.
11. Price components and payment terms
(1) The price for Tickets purchased via the CTS website consists of the ticket price and an online booking fee of EUR 0.60. The statutory value-added tax is included in the price.
(2) The Customer can pay by credit card (VISA, MasterCard, American Express), by SEPA direct debit, PayPal or giropay.
Payment with VISA and Master-Card will be processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp, The Netherlands.
12. Handover of online-tickets purchased in the online-ticket store
(1) In the event of a purchase of online Tickets through the Organizer's online ticket store, the online Tickets shall generally be handed over by sending a print@home or mobile ticket to an email address specified by the Customer in the purchase process. This electronic delivery of the online Tickets shall be free of charge for the Customer.
13. Final provisions
(1) German law shall be applicable with the exclusion of the conflict of laws rules (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance and jurisdiction for all claims arising between the Organizer and the Customer from the business relationship is Stuttgart, provided the Customer is a registered merchant (Vollkaufmann), a legal entity under public law or a public special fund.
(3) The Organizer is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
(4) The invalidity, in whole or in part, of individual clauses of these TICKET T&C, shall not affect the validity of the remaining clauses or the remaining parts of such clauses. An invalid provision shall be replaced by the parties with a provision that comes as close as possible to the economic purpose of the invalid provision and is effective. The same procedure shall be followed in the case of a missing contractual provision.
e|motion sports gmbh germany
Feuerbacher Weg 99, 70192 Stuttgart
Telephone: +49 (0)711 16543 61
Status: September 2021