Terms and Conditions
By placing the order the Customer accepts the following Terms and Conditions of DERTICKETSERVICE.DE GmbH & Co. KG (hereinafter jointly referred to as "DTS"):
- Conclusion of contract, contractual partner, payment method
(1) DTS is commissioned and authorised by the various relevant event organisers to broker the event attendance contract in their name and to conclude said contract through the sale of the tickets to the event. The various event organisers have also empowered DTS, in its own name and on the account of the event organiser, to collect ticket charges from customers due in connection with these sales in order that these payments can be passed onto the said event organiser. Because DTS has a purely intermediary role, the purchase of a ticket establishes contractual relations exclusively between the purchaser or the ticket holder and the relevant event organiser. All claims relating to the contract concerning the visit to the event, such as the manner and method of the performance of a given event, the pricing or any possible cancellation must be directed to the event organiser. The purchaser or ticket holder therefore also bears the risk that the event organiser may become insolvent.
(2) In accordance with the statutory regulations, for payments made by the direct debit method DTS shall commence using the SEPA Direct Debit Mandate scheme by 1st February 2014 at the latest. The purpose of SEPA (Single Euro Payments Area) is to simplify the payments procedure within the Euro zone. This will entail replacing the currently used bank account number and sort code with the IBAN (International Bank Account Number) and BIC (Bank Identifier Code) respectively. If, following the conversion to SEPA, the ticket purchaser selects direct debit as their payment method and enters their account number for payment, they are issuing DERTICKETSERVICE with a SEPA direct debit mandate for the credit identifier DE26ZZZ00000519324, which is then used to instruct the customer's bank to process this direct debit.
(3) In confirming the ticket purchase order (by email or telephone), DTS will notify the ticket purchaser, at least two banking days before charging their account, of the direct debit total and the applicable mandate reference for the order. The aforementioned credit identifier and mandate reference will be provided by DTS with all direct debit payment collections and this enables the precise identification of the direct debit in question. In the event that they revoke the direct debit mandate, the ticket purchaser gives an undertaking in any event to also send notification to DTS of such a revocation, rather than merely to their own bank.
- Return of tickets, right of cancellation
(1) As a rule, there is no entitlement to the return of tickets. Services connected with recreational events with a fixed time of performance, and services connected with the sale of tickets to such events in particular, do not constitute distance selling arrangements with consumers pursuant to Section 312 b (3) No. 6 German Civil Code (BGB), meaning that no right of cancellation or return is thereby established. This is likewise no right of cancellation of contracts for the delivery of audio or video recordings or computer software in sealed packages, if the seal has been removed following delivery (Section 312 g (2) no. 6 BGB). Every order for goods described in this paragraph, especially tickets, is binding upon the establishment of the contract and establishes an obligation to pay.
(2) DTS however may take back tickets and reimburse the ticket value if the event is cancelled at the behest of the event organiser. If the event organiser cancels the event but does not make the admission charge available to DTS to return to customer, the ticket purchaser will have to seek reimbursement of the admission charge direct from the event organizer as his contractual partner. The take-back of tickets and reimbursement of the ticket value will generally only be performed up to two weeks following the date of the event and at the booking office at which the tickets were purchased. If tickets were purchased via DTS's internet site or hotline, in the event of a take-back these are to be returned by post to the following address: DERTICKETSERVICE.DE GmbH & Co. KG, Postbox 102223, 50462 Cologne, Germany.
(3) Right of cancellation in connection with other goods:
The following applies to goods other than that described in 2 (1), ordered by consumers from DTS, especially gift vouchers for event tickets:
Legal notice on cancellation:
--- Right of cancellation
- You have the right to cancel this agreement within fourteen days without being required to state any reasons for doing so.
- The cancellation period is fourteen days from the day that you or a third party (not the shipper nominated by you) take possession of the goods.
- In order to exercise your right of cancellation, you must contact us at DERTICKETSERVICE.DE GmbH Co. KG, After Sales Service, Große Neugasse 2, 50667 Cologne; Tel.: 0221/280-4540; Fax: 0221/444540, email: email@example.com, and inform us by way of clear declaration (e.g. a posted letter, a fax or an email) of your decision to cancel this contract. You may use the enclosed model cancellation form for this purpose; this is not mandatory however.
- To satisfy the cancellation period, it is sufficient that prior to the expiry of the cancellation period, you issue notice stating that you are exercising your right of cancellation.
--- Consequences of exercising your right of cancellation
If you cancel this agreement we shall be required to repay all payments received from you, including the delivery costs (with the exception of additional costs resulting because you have selected a method of delivery other than the cost-effective method of delivery offered by us). This repayment shall be made promptly and no later than fourteen days from the day that we received your notice to cancel this agreement. In making this repayment we will use the same method of payment used by you in making the original payment, unless an alternative method is expressly agreed with you; in no event will we deduct any charges in respect of this repayment. We are entitled to withhold the repayment until such time that we have received the goods to be returned or until you prove to us that you have returned the goods, whichever point in time occurs earlier.
You must return or hand back the goods without delay, in any case within fourteen days from the day that you issue your notice to cancel this agreement. This time limit is satisfied if you dispatch the goods prior to the expiry of the said fourteen-day period. You are liable for the direct costs of the return consignment of the goods. You will only be obliged to reimburse any loss in value of the goods, if the loss in value is attributable to you having handled the goods in a manner not necessary for checking their quality, characteristics or functionality.
--- Model cancellation form
(If you would like to cancel the agreement, please complete this form and return it.)
- To DERTICKETSERVICE.DE GmbH Co. KG, After Sales Service, Große Neugasse 2, 50667 Cologne:
- I/we (*) hereby cancel the agreement entered into by me/us (*) for the sale of the following.
goods (*) / the delivery of the following service (*)
- Ordered on (*) / received on (*)
- Contract number
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for cancellations submitted on paper)
(*) Delete as appropriate.
You can download the model cancellation form in PDF format by using this link.
End of the legal notice on cancellation and the model cancellation form.
- Purchase price, charges, ticket shipment
Alongside booking and service charges, an order processing fee will be charged for all orders processed directly via DTS (by telephone or internet). The amount of the order processing fee may vary depending on the method of dispatch; the customer will be notified of the relevant amount during the order procedure. If DTS sends tickets or gift vouchers by post to the purchaser as requested by the purchaser (instead of box-office collection, print@home, print@shop, etc.), the purchaser shall bear the risk of postage. The total price of the order includes the legal rate of value-added tax and all incidental charges; it is payable immediately following the conclusion of contract.
If the ticket purchaser buys tickets at a discounted price made available by the event organiser for persons who fulfil certain criteria (e.g. for those with a disability or who are above or below a certain age limit, etc.), appropriate proof of the eligibility for the discount must be produced without demand upon entering the event.
- Ticket delivery, obligation to check and raise objections, print@home tickets, print@shop tickets
(1) If the ticket holder loses tickets or tickets are no longer under their control, DTS is not obliged to supply replacements. Until full payment is received, tickets or gift vouchers delivered shall remain the property of DTS; DTS may demand these be returned by the customer in the event that the duty of payment remains unfulfilled.
(2) When receiving tickets, the ticket purchaser is obliged to check them promptly to ensure they are in order and that they correspond with the order (particularly that the event, date, number of tickets, category, ticket price are correct). Because of the time constraints to which the event business is subject, any such or similar discrepancies or errors must be notified in writing via letter, fax or email to DTS within ten calendar days following receipt of the tickets so that it is possible for DTS to render subsequent improvement. DTS is entitled to reject complaints raised out of time.
(3) In the case of orders placed at shorter notice, i.e. ten days or less prior to the event in question, the complaint must be submitted by fax, email or telephone within two calendar days prior to receiving the tickets, but with the complaint to be received by DTS no later than 12.00 noon on the last office working day (Monday-Friday at DTS) prior to the event in question to enable DTS to make the necessary corrections.
Complaints about tickets not having been received must be reported in writing via letter, fax or email to DTS no later than ten calendar days following the order prior to the event so that it is possible for DTS to render subsequent improvement, e.g. in the form of admission arrangements. DTS may reject objections raised out of time.
In the case of orders placed at a shorter notice, i.e. ten days or less prior to the event in question, upon establishing that the tickets have not arrived whereby these should arrive no later than three working days following the booking the complaint must be submitted promptly by fax, email or telephone, but with the complaint to be received by DTS no later than 12.00 noon on the last office working day (Monday-Friday at DTS) prior to the event in question to enable DTS to make the necessary corrections.
The ticket purchaser will always bear the responsibility to the extent that uncertainties regarding the facts arise due to delays in notifying any discrepancies in the tickets delivered or concerning the failure of their delivery.
(4) Tickets printed personally by the customer using the print@home method shall only become valid after full payment has been made. It is prohibited to make multiple print-outs of print@home tickets or other such reproductions for the purpose of misusing the ticket. The specific barcode on the print@home ticket will be expended when the ticket is scanned for the first time when attending the event.
(5) During the ticket ordering process for selected events, DTS offers the ticket purchaser the possibility of collecting tickets from a designated booking office (print@shop). When collecting the ticket(s) from the booking office, the ticket purchaser will be required to produce a personal ID card as proof of identity, and to sign a receipt to confirm the tickets have been received. If the person ordering the tickets authorises another person to collect the tickets, this individual must present the booking office with the written authorisation of the customer, and likewise to sign a receipt to confirm the tickets have been received. The booking office will note the details of the collector's personal ID card as proof of the hand-over of the tickets
With regard to its ticket purchase facilitation activities, DTS and the relevant event organiser are unreservedly liable with regard to the contract concerning the event attendance for the culpable causation of death or personal injury or when liable in accordance with the Product Liability Act. The following applies with regard to damage to other property within the aforementioned range of activities of DTS and the event organiser in question: DTS or the event organiser in question will be unreservedly liable for deliberate acts as well as for gross negligence in the event that significant contractual duties are breached. In the event of gross negligence, liability shall be restricted to the direct average damage typical for this type of contract if merely insignificant contractual duties have been breached. Liability is limited to the same extent in the case of slightly negligent breaches. DTS and the event organiser in question shall not be liable for slight negligent breaches of insignificant contractual duties. In the event that the liability of DTS or the event organiser in question is excluded or limited, this will likewise apply to the liability of any sub-contractors or vicarious agents employed. DTS shall not be liable for faults caused by circumstances outside of its control. This applies particularly to impairments resulting from the failure of or interruptions to the telephone communication network or power supply. DTS makes no guarantee, moreover, regarding the accuracy of data provided on the internet nor shall it be liable for any technical interruption to the internet itself.
- Reselling tickets
It is prohibited to resell tickets purchased from DTS (original tickets and print@home tickets) at a price higher than the end price indicated on the ticket. The commercial reselling of tickets is prohibited. Any infringement of these terms and conditions will result in loss of the right of admission to the event in question; no compensation will be payable in such cases. The tickets will be rendered invalid.
- Event ticket entitling holder to use local public transport services
If tickets sold via DTS may also be used as tickets entitling holders to travel on public transport, a separate contractual arrangement is established between the customer and the transport company, which is merely mediated by DTS, and which will be subject to the rules and regulations of the relevant transport association or transport company (see the "VRS-Gemeinschaftstarif" [local transport tariff scheme] at www.vrsinfo.de). The entitlement to use the event ticket as a ticket to travel to/from the event location is only available to the person using the ticket to attend the event. It is therefore particularly prohibited to give the ticket with travel entitlement to other persons following the event, in return for payment or free of charge. With regard to the period of validity of the travel entitlement before and after the event, the rules and regulations of the relevant transport association or transport company shall apply.
- Data protection
The personal data of the ticket purchaser will be automatically collected, processed and used within the terms of the data protection law to the extent required for performing the contract. DTS is entitled to pass on the data to natural or legal persons responsible for performing the contract concerning the event visit and who have commissioned DTS with the ticket distribution; this especially concerns the event organiser in question. DTS is also entitled to provide booking offices from which the ticket purchaser collects tickets as part of the "print@shop" service, with the technical facility of reading personal purchase order information from the electronic ticket system, in order that they can print out the tickets on behalf of the customer.
- Programme and casting changes
The event organisers reserve the right to implement programme and casting changes tenable for the ticket purchaser taking into account the interests of the event organiser. Changes of this kind cannot always be avoided, for example in event of illness in the case of artistic performances or sporting events. Such changes must be accepted however, provided the distinctive character and scope of the scheduled event remain unchanged overall.
- Dangerous objects
It is not permitted to carry to any event hazardous items such as gas containers, pyrotechnical articles, flame torches, weapons of any kind or articles that could be used as projectiles (especially bottles and cans); this prohibition applies particularly to rock and pop concerts. The same applies for devices that can cause distractions or interference, such as laser pens or similar devices.
- Photographic/video/audio recordings taken by persons attending events
It is not permitted to carry or operate audio tape devices, a film, photo or video camera at events. Recordings of any type are prohibited - including through the use of mobile phones; any breach will be punished according to criminal law and/or the
- Photographic/video/audio recordings taken by event organiser
The ticket purchaser or holder acknowledges that the event organiser may make video and audio recordings at any time and expressly consents to this by purchasing the ticket. The ticket purchaser or holder likewise consents to the broadcast of video recordings via a broadcaster or the internet or by other modern communication methods.
- Late arrival
If the ticket purchaser or ticket holder arrives at the venue following the start of an event, they will lose the right to take the seat indicated on the ticket until the time of the next event interval.
- Validity of tickets
The ticket is rendered invalid if the holder leaves the event venue and it may not be passed on to another other person following attendance of the event.
- Right of event organiser to refuse admission
In the event of any infringement of DTS's terms and conditions, the event organiser in question or the party in charge of the building reserves the right to remove the ticket holder from the event venue and to issue a general prohibition on entering the premises.
In the event that any of the contents of these terms and conditions are ineffective, this will not affect the remainder of the contract or these terms and conditions. Disputes regarding the facilitation of ticket purchases made via DTS's website or call centre will be exclusively heard before the competent court in Cologne in the event that the purchaser is a registered merchant or a public law entity. The contractual arrangement is exclusively governed by German law. The place of performance for the provision of tickets and for payment is Cologne.
(Publication Date: 03/2020)