Ticket i/O GmbH conditions of use for arranged ticket sales(version 25.9.2023)
Ticket i/O GmbH, Im Zollhafen 2-4, 50678 Cologne, Germany – hereinafterreferred to as 'ticket.io’ – operates an online ticketing system and offersevent organisers the arrangement of ticket sales, management of salesprocesses, and dispatch of tickets for all kinds of events. ticket.io is notthe organiser of the events offered in this ticket shop. The respectiveorganiser is explicitly stated during the sales process on the ticketspurchased and on end customer bills. ticket.io operates solely on the sideof event organisers when rendering its services.
The sale of tickets is restricted to consumers of full age and with fullcapacity to act in line with Section 13 of the German Civil Code and toentrepreneurs in line with Section 14 of the German Civil Code – hereinafterconsistently referred to as 'end customers’.
Section 1Scope, definitions
(1) The following conditions of use contain fundamental rules governing theprocurement of tickets for different events and the management of the salesprocess, including dispatch. Once incorporated, they shall apply to allticket purchases by end customers. Deviating contractual provisions ofclients are not accepted, unless ticket.io has given its express writtenconsent.
Upon purchase of a ticket through this ticket shop, end customers andorganisers enter into a contract with regards to participation in the eventand the event offered. The staging of events advertised through this ticketshop is solely the responsibility of the respective organisers with allrights and obligations.
End customers are expressly informed that the participation in events may besubject to further relevant regulations as stipulated in the terms andconditions of the respective organiser. These regulations must likewise beaccepted during the order process insofar as they are made the basis of aticket sale.
By accepting the check box during the order process, end customers expresslyagree to the ticket.io conditions of use. In the event that organisers alsointroduce further terms and conditions regulating the contractualrelationship, end customers shall find a separate check box during the orderprocess, which they will need to accept. End customers must click on thischeck box in order to purchase event tickets through this ticket shop.
(2) End customers are consumers as long as the purpose of the ordereddeliveries and services lies predominantly outside their trade, business orprofession. An entrepreneur, on the other hand, is a natural or legal personor a partnership with legal personality who or which, when entering into alegal transaction, acts in exercise of their independent trade, business orprofession.
Section 2Services by ticket.io andcontract processing for organisers
(1) In this ticket shop, ticket.io offers events of various organisers. Uponpurchasing a ticket, end customers have the right to take part in theirchosen event. The organisers are the sole party responsible forparticipation in the respective selected event. End customers can finddetails about the events offered on the web page of the respective eventorganiser.
ticket.io is entitled to negotiate the sale of tickets for all events withend customers and to conclude appropriate contracts, and has received acorresponding power to enter into contracts from the organisers to this end.Thus, ticket.io is also entitled to reject the conclusion of contracts withend customers at any time, regardless of the reason. End customers do nothave a general right allowing them to purchase one or more tickets.
Natural and legal persons may purchase tickets; however, natural personsmust have full capacity to act. In the event descriptions, ticket.io maystipulate age restrictions that are applicable to participation in one ormore events. ticket.io reserves the right to request proof of the fullcapacity to act.
Section 2 Creation and use of a customer account on my.ticket.io
(1) ticket.io offers end customers the possibility to create a customeraccount for free on the platform my.ticket.io(https://my.ticket.io). This customeraccount allows end customers to view their tickets for an event purchasedthrough ticket.io as well as vouchers.
(2) A customer account is registered by entering the data requested in theregistration screen (theprivacy policy applies to the my.ticket.ioaccount) and following confirmation of registration by means of aconfirmation code sent by ticket.io to the disclosed email address of theend customer. A user agreement on the customer account is established withthe end customer upon successful registration.
(3) The end customer undertakes to provide correct and truthful informationduring the registration process. Furthermore, the end customer undertakes tokeep safe their password allocated during registration and not to share itwith third parties. Should the end customer become aware of the misuse oftheir customer account, they are obliged to inform ticket.io accordingly byemail (via support@ticket.io) withoutdelay.
(4) End customers may terminate the use of the customer account withimmediate effect by submitting a corresponding message to the customersupport of ticket.io (reachable by email viasupport@ticket.io), without having to observe a notice period. Upon the end of use, endcustomers lose the access right to their customer account. End customers areexpressly informed that it may be advisable to keep the customer accountuntil after their participation in the last event for which they have boughttickets (e.g. in order to have the option to print out an electronic ticketagain). ticket.io assumes no liability in the event that an end customer isunable to use a ticket and/or service due to the premature termination oftheir customer account.
(5) ticket.io reserves the right to block the customer account of an endcustomer temporarily or permanently if it is being used by an end customerand/or third party for misuse and/or unlawful purposes. Irrespective ofthis, ticket.io has the right to terminate the customer account with anotice period of three workdays in the event of misuse by an end customer.Termination shall be declared to the email address last disclosed by the endcustomer in connection with their last order. The right to termination onimportant grounds remains unaffected by these provisions.
Section 3 Contract conclusion and ticket use
(1) End customers may choose between different tickets for different events.In this connection, end customers may select whether they wish to save theirpurchased tickets digitally, print them at home or order them for postaldelivery. Moreover, end customers may select different gift wrapping optionsfor their chosen event tickets.
(2) The tickets and services offered do not constitute a binding offer, butserve only to have end customers submit a binding offer to ticket.io. Endcustomers submit a legally binding offer to enter into contract by placingtheir selected tickets and other goods into the virtual shopping basket,proceeding through the electronic order process, and clicking the button“Order and pay”.
When submitting the legally binding offer to enter into contract, thecontract text shall be saved by ticket.io and sent to the end customers,together with these conditions of use, following submission of their orderin writing by email.
(3) Prior to the legally binding submission of the offer to enter intocontract, end customers may identify possible input errors by attentivelyreading the information displayed to them on screen. An effective technicalmeans of identifying input errors more effectively includes the enlargementfunction in the browser used, which enlarges the display on screen. Endcustomers may correct their entries during the order process using thenormal keyboard and mouse functions until they have completed the orderprocess by clicking on the button “Order and pay”.
However, the legally binding offer to enter into contract may only besubmitted and transmitted if end customers are accepted and admitted to thecontractual relationship by clicking on the conditions of use of ticket.ioand, if applicable, the additional general terms and conditions of theorganisers for the selected event. The contract language is German.
(4) End customers are liable to provide truthful and correct information asrequested in the order process. An order is only successful when allmandatory fields have been completed. Any changes to the provided data mustbe communicated to ticket.io by end customers (by email to support.ticket.ioor via the support hotline). In the event that end customers have a customeraccount on https://ticket.io, changes todata may also be carried out there. End customers have the right to placeseveral orders using the same or several names and to transfer tickets tothird parties. End customers are, however, not permitted to sell tickets tothird parties at a price higher than the purchase price offered byticket.io.
ticket.io has the right to review the registered information of endcustomers for organisers using appropriate measures and to not acceptincomplete and/or untruthful orders.
(4) A contractual agreement on the participation in an event is concludedwith the organisers if the end customers effect payment of their selectedtickets through a chosen payment service provider and receive an automaticemail from ticket.io confirming payment. Currently, payment options providedby ticket.io include prepayment, SEPA direct debit, Sofortüberweisung(instant transfer), PayPal, iDeal, ApplePay, GooglePay, SEPA direct debitvia PayPal, and credit card. End customers are advised that ticket.ioreserves the right to deactivate individual payment options at any time andthereby prohibit further use.
With respect to Sofortüberweisung, PayPal, ApplePay, GooglePay, SEPA directdebit via PayPal and/or credit card payment options, tickets are dispatchedelectronically via email immediately after purchase is complete. This emailre-states the complete order of the ticket purchaser. End customers canprint this email via the 'Print' function. This order confirmation alsoincludes a link referring to these conditions of use. ticket.io also savesthe contract text.
(5) In the event that end customers have purchased digital tickets, theorder confirmation email will contain a link that allows the purchasedticket to be accessed in electronic form and printed out.
In the case of payment by SEPA direct debit or prepayment, end customersfirst receive a confirmation-of-receipt email after completing the paymentprocess for purchasing a digital ticket. This confirmation-of-receipt emailre-states the complete order of the end customers. End customers can printout this email using the ‘Print’ function. When receiving this orderconfirmation email, the end customers will also receive a link to theseconditions of use.
After successful receipt of payment, the end customers will receive an orderconfirmation email which confirms the booking. In the event that endcustomers have purchased digital tickets, the order confirmation email willalso contain a link that allows the purchased ticket to be accessed inelectronic form and printed out.
In the event that end customers have purchased tickets for postal deliveryinstead of digital tickets, the end customers will likewise receive an orderconfirmation email directly after completing the purchase process. Thetickets will be dispatched to the postal address entered by the endcustomers during the purchase process following receipt of payment. If thepostal tickets do not reach the end customers in time prior to the beginningof an event, the end customers have the possibility to download thepurchased tickets as digital tickets via the portalhttps://my.ticket.io. This requires the creation of a customer account according to section 1 ofthese conditions of use. Alternatively, the end customers have thepossibility to contact the customer support of ticket.io and to request adigital ticket.
(6) End customers are advised that prior to participating in the event forwhich a ticket was purchased, end customers are obliged to present to theadmission staff the ticket purchased via this ticket shop as well as, ifrequested, a valid identification document (insofar as this is required byorganisers in their conditions of use).
(7) Any misuse and/or breach of the ticket.io conditions of use result inthe loss of the access right to the event without a right of compensation onthe part of the end customers. The purchased ticket shall immediately loseits validity from the point in time when the misuse and/or breach of theconditions of use was established.
End customers are advised that organisers reserve the right to exercisetheir 'house rules' at any time, to have end customers removed from theevent venue, and to ban end customers from re-entering. Following such ban,the ticket purchased by the end customers shall immediately lose itsvalidity.
(8) The validity of the ticket purchased is restricted to the respectiveevent and organisers as well as to the related planned or necessaryalternative dates, and expires after the event. Other provisions may applyif organisers regulate validity differently.
(9) Organisers may have reserved the right in their additional general termsand conditions to cancel an event prior to the start and without giving anyreasons. Information on the legal consequences resulting from cancellationof an event can be found in the additional general terms and conditions ofthe respective organisers, as may be applicable. Otherwise, the statutoryprovisions shall apply.
(10) If end customers lose their ticket or if the ticket is misplaced withintheir area of responsibility, ticket.io is not liable for providing areplacement.
Section 4Delivery, availability oftickets
(1) If no tickets are available for a selected event at the time of booking,this shall be indicated to end customers during the order process. In thiscase, end customers cannot place an order. A contract pursuant to section 3is not concluded in this case.
(2) Tickets are issued in household quantities.
Section 5Retention of title
Until payment in full, the ticket remains the property of the organisers.Seizures, insolvency, damage and loss of tickets must be communicated toticket.io or the respective organisers promptly.
Section 6Prices and shipping costs
(1) All prices offered in this ticket shop are inclusive of the applicablestatutory value added tax. Prices of the tickets offered are indicated as'incl. VAT'. The amount of VAT included in the final price is included inthe price list prior to sending the order.
(2) The applicable shipping costs are indicated to end customers for theindividual products and during the order process. They are to be borne bythe end customers.
(3) During the order process, end customers are advised of all applicablecosts to be paid by them as part of the arranged ticket sale. The totalprice shown during the order process includes the ticket price plusprocessing fee and VAT. There are no further hidden costs or fees for endcustomers.
(4) End customers are further advised that during ticket purchase throughticket.io, additional costs may be charged by the end customers’ respectiveInternet service provider for the provision of an Internet connection.
Section 7Payment options
(1) End customers can make use of the payment options PayPal,Sofortüberweisung (instant transfer), SEPA debit, prepayment, iDeal,ApplePay, GooglePay or credit card. No further costs are incurred by endcustomers for the performance and processing of various payment options andtheir respective billing.
(2) The purchase price must be paid immediately after end customers haveclicked the 'Purchase' button. In case of delayed payment, the statutoryprovisions apply.
(3) The legal regulations apply in the event of late payment.
Section 8Guarantee
The legal guarantee regulations shall apply.
Section 9Right to withdraw
If end customers are in default with the general terms and conditions,ticket.io has the right to withdraw from the contract concluded with the endcustomers after unsuccessful expiration of a grace period.
Section 10Liability
(1) ticket.io is fully liable for loss of life, bodily injury or damage tohealth resulting from a breach of duty through ticket.io as well as fordamages caused through loss of guaranteed quality by ticket.io. ticket.ioguarantees to continuously review the qualities of third-party performances,at any time, and, if need be, to take respective counter-measures. ticket.iocannot be held accountable for mistakes and erroneous qualities caused bythird parties which ticket.io cannot influence, such as server and emailsystem downtimes.
In the event of slight negligence, ticket.io is only liable if materialcontractual obligations (cardinal duties) have been breached. Cardinalduties are those which must be fulfilled in order for the contract to beproperly executed, which jeopardise the contract purpose if breached, andwhich the contractual partners can duly rely on being upheld. In this case,the liability of ticket.io is limited to typical, foreseeable damages.
(2) ticket.io is not an organiser of any of the events offered in the ticketshop and cannot be held accountable as the organiser for damages that mayarise in connection with an event.
(3) ticket.io is not liable for damages (in particular, for personalinjuries and damage to property) culpably caused by end customers while onthe premises of an event. End customers shall indemnify and hold ticket.ioharmless from any unjustified claims of third parties including from alllegal costs and expenses.
(4) ticket.io is not liable for bodily injuries suffered by end customersduring their event visit when caused by their own fault.
(5) ticket.io is not liable for damages and/or loss of property and objectswhich end customers brought onto the event premises and/or abandoned and/orforgot during their visit.
(6) ticket.io is not responsible for untruthful information provided byorganisers about the performance or cancellation of an event, nor for eventchanges. Organisers are solely responsible for the content, integrity andaccuracy of the information.
(7) ticket.io does not assume responsibility if one of the events regulatedby this agreement cannot be performed or must be cancelled as a consequenceof force majeure.
(8) The aforementioned liability restrictions further apply to companiesaffiliated with ticket.io (except for the organisers of the respectiveevent) as well as to personal liability of staff members, employees,co-workers, representatives, shareholders, and vicarious agents of ticket.ioand/or companies affiliated with ticket.io.
Section 11 Availability of services offered
(1) ticket.io is committed to provide end customers the tickets offered andother services in this ticket shop at any time and in full. However,ticket.io is not liable for uninterrupted use or accessibility of thetickets and services offered, neither for transmission delays, faultytransmissions or storage failures or for any restrictions of the offeredproducts and other services on the domain ticket.io. It is expressly pointedout that during required maintenance works on the web page, the offer and/orindividual services may be interrupted.
(2) ticket.io reserves the right to restrict the products and other servicesoffered, at any time and without reason, fully and/or partially and/or torestrict their availability.
Section 12Cancellation ofpurchases and right to a refund following a distance sale
ticket.io offers tickets to recreational events on specific dates / duringspecific time frames on the website www.ticket.io. In accordance withSection 312g Para 2 line 1 no. 9 of the German Civil Code, these ticketoffers are not distance sale contracts. Cancellation of an agreement or theright of refund in line with Section 312g Para. 2 line 1 no. 9 of the GermanCivil Code is precluded.
Section 13Data protection
The use of the offer in this ticket shop is governed by the privacy policyof the organiser, which can be accessed on the website of the organiser.
Section 14Online disputeresolution as per Art. 14 Para. 1 of the ODR Regulation
The EU Commission provides an online dispute resolution facility through anonline platform. This platform can be accessed via the external link:https://ec.europa.eu/consumers/odr/.
There is no obligation on the part of ticket.io to participate inarbitration proceedings under Section 36 Para. 1 No. 1 of the ConsumerDispute Resolution Act (VSBG), nor is this option even offered.
Section 15Final provisions
(1) End customers expressly accept that transactional declarations ofticket.io shall be communicated to them via email. Emails are considereddelivered when saved accessibly in the email mailbox of end customers or theemail mailbox of their Internet provider.
(2) Should one of the above conditions of use be or become invalid and/orincomplete, this shall not affect the validity of the remaining conditionsof use.
The invalid and/or incomplete condition shall be replaced by a provisionthat comes as close as possible to the intended purpose of the invalidand/or incomplete provision. The same applies accordingly to contractomissions.
(3) The law of the Federal Republic of Germany applies. Irrespective of thepreceding provision on the choice of law, consumers with a usual residenceoutside the Federal Republic of Germany may also always invoke the right ofthe state in which they have their residence.
(4) If end customers are a merchant, a legal entity of public law or aspecial fund under public law, the place of jurisdiction for all disputesarising from the contractual relationship between end customers andticket.io shall be Cologne.
