Všeobecných obchodních podmínek

General Terms and Conditions of Global Lifestyle GmbH

for services related to tickets, passes and other admissions to concerts, shows, sporting events and other events

§ 1 General, Scope, Definitions

(1) The following General Terms and Conditions (hereinafter: "GTCs") shall apply to all contractual relationships between us, Global Lifestyle GmbH, Salenstein, Switzerland (hereinafter: "GL") and the customer, which have as their object services of the former with regard to tickets, cards and other access authorizations of any kind (hereinafter: "tickets") for concerts, shows, sporting events and other events (hereinafter: "events"),and this exclusively. We do not recognize conflicting or deviating terms and conditions on the part of the customer, even if we perform services for the customer without reservation in the knowledge of conflicting or deviating terms and conditions on the part of the customer. For the sake of clarity and not exhaustively, the term "contractual relations" shall also include (i) actual conduct within the scope of such relations (such as the provision of information) as well as (ii) pre-contractual conduct on the part of GL, insofar as this is of legal relevance.

(2) All agreements made between us and the customer for the purpose of executing this contract are set forth in these GTCs.

(3) Where reference is made below to so-called "personalized tickets", this refers to tickets for which the organizer generally attaches importance to the fact that there is identity between the person who (first) purchased the ticket and the person who then actually attends the event. As a rule, this is documented by the organizer by providing a field or similar on the corresponding tickets in which the name of the (first) purchaser is to be entered. Only in very exceptional cases does the organizer himself make this entry; as a rule, this is left to the owner of the ticket himself.

§ 2 Offer and acceptance, type of service

(1) The tickets advertised by us merely represent an invitation to the customer to submit a related contractual offer, namely in such a way that the customer offers GL to endeavor to procure the desired ticket for the customer by way of a service contract. The offer to conclude the corresponding contract is therefore made by the customer as soon as he clicks on the order button (or similar) within the framework of the order processing after going through a final correction option (a corresponding order overview is displayed). Acceptance of this offer by us shall be deemed to have occurred if we confirm its acceptance by email within the time limits of § 147 II BGB (German Civil Code),in the extreme case within a period of 2 weeks (hereinafter: "Service Contract Confirmation"). Alternatively, GL may accept the customer`s offer by commencing the performance of the service requested by the customer. GL does not have to provide the service in its own person, but is rather entitled to engage third parties ("Partners") for this purpose, which then act as vicarious agents vis-à-vis the Customer within the meaning of § 278 BGB; the latter may also assume the handling in the external relationship, including billing.

(2) The service to be provided by GL consists centrally of finding a willing owner (hereinafter: "previous owner") of a ticket for the very event which the client wishes to attend ("ticket search"). The object of the assignment is furthermore that GL, immediately after the confirmation of the service contract and then until a point in time before the expiry of which corresponding dispositions of the customer to participate in the event still appear to be reasonable (an objective view is taken here, i.e. detached from individual peculiarities on the customer`s side),endeavors to procure at least de facto ownership of the desired ticket for the customer by way of a transaction for the person it concerns (on the customer`s account). If this succeeds (i.e. de facto acquisition of ownership),this shall be referred to as "ticket transfer" within the framework of the present GTCs. Until the ticket reaches the customer (be it via shipping, deposit or personal delivery, collectively referred to as "delivery"),we act in this case as an agent of possession.

(3) The service to be provided by GL pursuant to paragraph (2) above requires, depending on the type of Ticket (in particular in the case of so-called personalized Tickets),various acts of cooperation by the Customer, such as the provision of such data and documents as well as the submission of such declarations as are required under the specific circumstances in order to be able to perform the Ticket transfer. GL shall provide the customer with the necessary instructions. Failure by the customer to cooperate in this respect shall entitle GL to rescind the service contract - in any case after setting a deadline to no avail.

(4) GL expressly draws the Customer`s attention to the fact that event organizers have for some time been using various means and (contractual) instruments (hereinafter: "Event GTCs") to make ticket transfers more difficult or even impossible, in particular when third parties (such as GL in this case) provide commercial services relating to the purchase of tickets from the previous owner. This applies in particular in the case of personalized tickets. GL endeavors to reduce the potential for conflict that arises in this case, in particular by not becoming the (intermediate) owner of the ticket itself, but rather by creating the conditions for a direct purchase of the customer from the previous owner and only receiving remuneration for this service, while passing on the ticket itself to the customer at the original price (only plus VAT and fees). Nevertheless, especially in view of the diversity of Event T&Cs and the lack of any influence by GL on them, no guarantee can be given that the ticket transfer option created for the benefit of the customer is one that can claim legal validity with regard to the relevant Event T&Cs in each case. The possible consequences of a possible violation of the Event Terms and Conditions (such as the non-granting of access to the Event, the forfeiture of a contractual penalty, etc.) fall exclusively within the Customer`s sphere of risk and shall in no case affect GL`s claim to remuneration for the services rendered, namely the ticket search. This also applies to the expenses incurred in this context.

(5) Under no circumstances shall GL owe the Ticket transfer as a contractually stipulated success of its service.

(6) In the event of a legally effective Ticket transfer to the Customer, all claims (such as for admission to and performance of the event) shall be directed exclusively against the organizer of the respective event. At the latest upon delivery of the ticket to the customer - after at least a de facto ticket transfer - GL shall have fully performed its obligations under the Service Agreement. In particular, GL is not a party to the (possible) legal relationship that may arise between the customer and the event organizer from the receipt of the ticket by the customer. Circumstances that occur in this respect (e.g. the cancellation or termination of an event as well as its postponement or other significant change, for whatever reason, collectively referred to as "event cancellation", the possible injury of a customer at an event, etc.),therefore relate exclusively to the legal relationship between the customer and the event organizer.

(7) With respect to the ticket requested by the customer, the service provided by GL does not extend to certain ranks, rows, seats or other features below the criterion of the actual seat category (hereinafter collectively: "Secondary Features"). This shall apply even if certain Secondary Characteristics have been specified with respect to the Ticket during the ordering process (commissioning of the Ticket search). The offer made by the customer to GL to conclude a service contract thus automatically (also) extends to such a ticket which, in the event that certain ranks, rows, etc. are not available and taking into account the interests of the customer, when viewed objectively, presents itself as at least an equivalent alternative to the ticket actually requested by the customer.

(8) GL receives the information on the events from the organizers. No liability is assumed for the correctness of the information provided in the online presence of GL. This shall even apply to such information which does not originate from the Event Organizer; § 276 paragraph 3 BGB (German Civil Code) shall remain unaffected.

§ 3 Prices, Terms of Payment, Shipping and Provision, Withdrawal by GL

(1) GL`s role as a party acting as a service provider on the one hand, and on the other hand (within the scope of this service) also endeavoring to procure the Ticket for the Customer without any interim acquisition of its own rights (to the same),results in the following remuneration claims of GL against the Customer:

(a) to payment of the remuneration for the services rendered, in particular the ticket search;

(b) for reimbursement of expenses incurred by GL in connection with the Ticket transfer, not least those incurred for the purpose of obtaining ownership of the Ticket in relation to the former owner.

In the invoice issued to the customer, the above items under (a) and (b) shall constitute independently stated components.

(2) The prices stated by us are always final prices (subject to the following paragraphs (3) and (4)) and include the applicable value added tax at the statutory rate.

(3) Only the following service / shipping costs (hereinafter: "Fees") shall be added to the price resulting from paragraph (1) above:

(a) EUR 8.50 for shipping or delivery in / to Germany, Holland, Austria, France, Great Britain, Belgium, Switzerland and Czech Republic (or EUR 12.50 for insured shipping, if desired).

(b) EUR 20,- for shipping to all other countries (no transfer possibility).

(c) If there is less than 8 business days between the day of the Event and the commissioning of GL`s services, an additional express surcharge of EUR 4.50 will be charged.

(d) The choice between shipment or handover (or deposit) is at GL`s discretion; the latter is merely a special, voluntary service provided by GL. Tickets in the possession of GL will be dispatched promptly - i.e. in any case with sufficient lead time before the Event, i.e. not later than approx. 5 - 7 days before the Event takes place (provided that the Customer has made payment within the meaning of paragraph (4) below). It should be noted that some (in particular foreign) organizers and accordingly their customers (who are regularly the "counterparty" of the ticket transfer) issue the tickets only shortly before the event takes place and GL can then (naturally) not issue them earlier. In such cases, it may be unavoidable to hand over the ticket (if necessary, on the day of the event),in particular to prevent postal delivery times that exceed the duration of the event.

(e) In the case of a handover, the same fees are owed as in the case of the dispatch of tickets due to the high expense for GL; the exact determination of the place and time is at the reasonable discretion of GL, corresponding instructions are to be observed by the customer. As a rule, GL will endeavor to facilitate a handover on site, i.e. at the location of the event. This can also be a deposit at the box office. In case of problems in connection with the ticket handover, the customer is required to contact GL immediately by telephone (emergency number: +49(0)177 25 95 117).

(f) In individual cases it may be necessary that a special agreement on individual deliveries and / or special forms of handover are agreed between the customer and GL, together with an independent cost regulation. Such individual agreement shall then take precedence over these GTCs.

g) If the tickets are issued by the organizer in electronic form (as an "e-ticket" or QR code for the smartphone),they shall also be sent in electronic form. GL is free to send the ticket as an attachment by e-mail, to provide the customer with login data for third-party websites, or to transfer the ticket to the customer`s stored e-mail.

(4) GL`s claim to remuneration within the meaning of paragraph (1) (a) above shall arise and become due upon confirmation of the service contract by GL. The claim for reimbursement under paragraph (1) (b) above shall arise upon the actual incurrence of corresponding expenses; GL shall, however, be entitled to demand an appropriate advance payment (in any case in the amount of the nominal ticket price) from the Client, which shall become due at the same time as the claim under paragraph (1) (a) above. Payment can be made by credit card or bank transfer (advance payment). In case of credit card payment, the payment will be processed via Heidelpay using standard encryption techniques. Upon receipt of the payment by GL (value date on our account),the customer`s claim for the execution of the ticket search becomes due; if the ticket search results in a ticket transfer, the customer`s claim for surrender with respect to the ticket becomes due as soon as GL has attained the position as possession agent mentioned above in § 2 paragraph (2). For the specific fulfillment of this (surrender) claim, however, the provisions of paragraph (3) (d) and (e) above shall apply.

(5) If payment is not made within a period of 5 days after receipt of the confirmation of the service contract (the value date of the amount owed on the account of GL is decisive for this),we shall be entitled to withdraw from the contract in accordance with the statutory provisions. In any case, in cases where there is a period of less than 3 weeks between the last day of the payment period and the event, the withdrawal by GL does not require the prior setting of a deadline, as GL would otherwise be prevented from an economically reasonable utilization of the previously possibly already procured ticket, for which corresponding expenses may already have been incurred. By not making the payment in due time, the customer impliedly and irrevocably offers GL the transfer of ownership of a Ticket which may have already been procured in the meantime, against waiver of the claim under paragraph (1) (a) and (b) above. GL is free to accept this offer or to insist on performance of the contract by the customer. GL shall separately draw the customer`s attention to this legal consequence in the confirmation of the service contract; the customer shall also be given the opportunity to make an express declaration within the aforementioned payment period. Further claims against the customer due to non-performance or improper performance of the contract on the part of the customer shall remain reserved.

(6) If the customer is an entrepreneur, he shall bear the risk of shipment within the meaning of § 447 BGB. If the customer is a consumer, the foregoing shall apply if he was expressly offered shipping insurance as part of the order processing and the customer has rejected this.

§ 4 Warranty, liability and event conditions; event cancellation

(1) Immediately upon receipt of the Ticket, the Customer shall check the Ticket for any discrepancies between its actual content and that of the order (content of the confirmation of the Service Agreement) (e.g. wrong event or wrong seat category) and report any discrepancies promptly by email to support@ticketbande.de. The Customer shall also report any discrepancies to GL by email. After returning the initially issued ticket (GL will issue a corresponding shipping instruction and bear the associated costs),GL will endeavor to procure a ticket in accordance with the contract for the customer as quickly as possible by means of renewed activity within the meaning of § 2 paragraph (2). If this is ultimately unsuccessful (which is assumed to be the case as soon as the customer is no longer reasonably able to make arrangements for participation in the event, whereby an objective consideration, detached from individual peculiarities on the part of the customer, is applied in this respect),GL shall refund to the customer the remuneration paid by the latter in accordance with § 3 paragraph (1). Any further claims of the Client against GL shall exist at most within the limits set forth in paragraph (4) below.

(2) Subject to Section 323 II BGB, breaches of duty on the part of GL for which it is not responsible shall not entitle the customer to withdraw from the contract in any case if they have not led to an impairment of the ticket transfer (cf. Section 2 paragraphs (2) and (4)). Other (additional) statutory requirements for the assertion of rights of withdrawal remain - for the sake of clarification - unaffected.

(3) The customer is aware and is hereby again advised that participation in the event is determined exclusively in accordance with the contractual relationship that (possibly) comes into existence between the customer and the event organizer on the basis of the ticket. GL has no influence on this contractual relationship. The event organizer regularly shapes this relationship through the use of its own general terms and conditions as well as other provisions, compliance with which by the customer is in the customer`s own interest. Non-compliance can lead to legal or actual (sometimes considerable) disadvantages for the customer, not least exclusion from the event. Such events have no influence on the contractual relationship between GL and the customer.

(3a) Likewise, GL shall not be liable for a cancellation of an event; any claims arising therefrom for the customer shall be directed solely - if at all - against the event organizer. GL`s claim to remuneration within the meaning of § 3 paragraph (1) shall remain unaffected in this case as well. If, in the event of a (final) cancellation of the event or the like by the event organizer, refunds are made to GL which can be allocated to specific tickets, GL will examine on a goodwill basis whether such payments can be forwarded to the respective customers against presentation of the original ticket (and assignment of all rights in connection therewith). There is no legal obligation to do so. It should be noted that any reimbursements from event organizers do not extend to the remuneration component contained in § 3 paragraph (1) (a) (i.e. in particular the ticket search as such). This cost item is therefore to be borne by the customer in any case in the event of an event cancellation.

(4) GL shall be liable for damages (or reimbursement of expenses) irrespective of the legal nature (in particular the specific basis of the claim) and the type and scope (damages in lieu of performance, damage caused by delay, incidental damage, consequential damage, etc.) of the claim asserted,

(a) in accordance with the statutory provisions, provided that:

(aa) the customer asserts claims based on intent or gross negligence;

(bb) an assumed guarantee or a material contractual obligation has been culpably breached. Material contractual obligations are those that protect the customer`s material contractual legal positions, which the contract is intended to grant the customer according to its content and purpose. These obligations also include those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer has regularly relied or may rely;

(cc) culpable conduct on the part of GL leads to injury to the life, body or health of the customer;

(dd) mandatory liability under the ProdHG is established.

Corresponding fault on the part of our representatives and vicarious agents shall be attributed to us.

(b) In the cases (bb) of (a),however, the liability of GL - if the fault is below the level of gross negligence - shall be limited to the foreseeable, typically occurring damage. At the same time, the limitation period shall then be limited to 1 year, calculated from the statutory commencement of the limitation period.

(c) In all other respects - i.e. for constellations outside the cases regulated in (aa) to (dd) of (a) above - any liability of GL for damages / reimbursement of expenses is excluded. This exclusion of liability shall also apply in favor of GL`s representatives and vicarious agents.

(d) A change in the burden of proof at the expense of the customer is not associated with the above provisions to (a) - (c).

§ 5 Legal exclusion of the right of withdrawal

The services of GL with regard to the tickets refer to such services (to be provided by the event organizer) within the meaning of Section 312g (2) No. 9 of the German Civil Code (Bürgerliches Gesetzbuch - BGB),which belong to the area of leisure activities (including services related thereto) and are to be provided (in any case by the event organizer) at a certain point in time or within a precisely specified period of time. Thus, the customer has no right of revocation by law; a right of return is (also) not granted by these GTCs. This means that all orders for services with respect to tickets by the client are binding and - after confirmation of the service contract by GL - create the unconditional obligation to make the payments described in § 3 paragraphs (1) and (3) to GL when due.

§ 6 Set-off

The customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged by us. In addition, he shall be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 7 Data protection and data processing

(1) GL shall process the customer`s personal data in compliance with the data protection provisions applicable to the contract. The personal data of the customer shall be collected, processed and used by us in an automated procedure to the extent necessary for the establishment, arrangement or amendment of the contractual relationship. GL is entitled to transfer this data within the legal requirements, not least the DSGVO, to third parties commissioned by it with the execution of the contract between it and the customer, insofar as this is necessary in order to be able to fulfill the contracts concluded. Here, too, GL assures that the customer`s data will not be passed on to (other) third parties for marketing purposes.

(2) With the corresponding consent of the customer, we and, if applicable, our co-branding partner, from whose website the customer has visited our store or commissioned our services, are also entitled to collect, process and use the data received for the purpose of advising the customer, for advertising, for market research for our own purposes and for the needs-based design of our offers. This consent can be revoked by the customer at any time without giving reasons.

(3) Credit card data as well as account data will not be processed or stored and will not be made accessible to third parties. All order and payment transactions are SSL encrypted.

(4) When you visit our site and declare your consent, your personal settings are stored in a browser cookie on your hard drive. This only contains information about the language and currency you have selected. This ensures that these settings can be restored for you each time you visit our website. If your browser is set to block cookies, we cannot guarantee the full functionality of our website. If you wish, you can delete cookies from your hard drive at any time.

(5) For further details on GL`s handling of data protection issues, please refer to our comprehensive data protection declaration, which we provide for you via https://www.ticketbande.de/hilfe/datenschutz . Via the same link, you will also find the data-related declaration of consent for customers as well as comprehensive information on the same, so that the customer is able to make an informed decision at any time.

§ 8 Jurisdiction, Place of Performance, Miscellaneous

(1) Unless otherwise stipulated in the contract, the place of performance and payment shall be our place of business. If the customer is not a merchant at the same time, the statutory provisions on places of jurisdiction, e.g. consumer choice of law or jurisdiction provisions of EC Regulation No. 44/2001, shall remain unaffected.

(2) For all disputes relating to or in connection with tickets and the contractual relationships relating to them - including merely initiated contractual relationships - the courts in Germany shall have exclusive national and international jurisdiction if the customer is a merchant or another person without consumer status. In this case, the courts located in the judicial district of Salenstein, Switzerland, shall have sole local jurisdiction. However, we are free to sue the customer, who is a merchant or other person without consumer status, also at his place of business.

(3) The law of the Federal Republic of Germany (hereinafter: "FRG") shall apply (irrespective of whether we involve a partner in the fulfillment of the contractual relationship),but excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of German private international law. This shall also apply in such cases in which the customer does not have its habitual residence in the FRG, but then with the proviso that the application of German law shall not displace such provisions at the place of the customer`s habitual residence which are intended to protect the customer and which may not be deviated from by agreement under the local law.

(4) In the event of any ambiguities, inconsistencies or contradictions between this (German) version of the GTCs and any existing versions in other languages, the German version shall prevail.

(5) If, in the case of contracts between GL and the customer, of which these GTCs become an integral part by their inclusion, individual or several of their provisions or parts thereof outside these GTCs are or become invalid for reasons other than those set out in Sections 305 - 310 of the German Civil Code, the validity of the remaining provisions or parts thereof shall not be affected thereby; rather, GL and the customer shall be obliged in such cases to cooperate in a new provision which comes as close as possible to the economic intentions of the provisions / parts thereof concerned. The same shall apply in the event of gaps in the contract requiring supplementation. § Section 306 BGB remains unaffected.