General Terms and Conditions of Business (T&Cs)
FOR ONLINE PURCHASES
BRmedia Service GmbH, department BRticket (hereinafter “BRticket”) is not itself the promoter of the events on offer. The purchase of an entrance ticket establishes a contractual relationship solely between the individual ticket holder and the individual event promoter with respect to attendance of the event, and specifically the execution and content of the event. Contractual terms imposed by the individual promoter may apply to the purchase. As a commercial intermediary, BRticket sells the tickets on the order of, on behalf of and on the account of the event promoter.
As a separate legal issue, a contract governing the ticket purchasing process is established between the end-customer and BRticket (ticket agency sale contract). The ticket agency process specifically covers the reservation, sale, and delivery of entrance tickets (hereinafter “tickets”) to the individual ticket purchaser (customer) and the sale and delivery of vouchers. Vouchers are valid for the entire product offering sold online at www.br-ticket.de (hereinafter “BRticket website”) and for reservations by telephone made with the BRticket ticket office.
These T&Cs apply to all services by BRticket in connection with ticket agency sales.
2. Validity, reservation of right to make changes
The customer accepts the validity of these T&Cs by registering at the BRticket website or carrying out a purchase on the website, including without prior registration.
3. Conditions for use of the BRticket website
The offer of BRticket is directed exclusively at adults. Customers seeking to purchase tickets or vouchers online from the BRticket website are required to register.
No obligation to purchase tickets or disclose payment methods is incurred by registration.
The customer affirms that all details provided during registration are correct and complete and the payment method details (bank transfer details, credit card details) provided by the customer are authorized for the customer’s use.
Registration is completed by the customer’s verification of the password.
The customer undertakes to keep their password secret and to refrain from disclosing it to third parties. BRticket recommends choosing a strong password. The customer can change their password at any time in their individual customer account.
The customer shall inform BRticket promptly upon finding or suspecting unauthorized use of their customer account.
The customer is liable for any misuse of the access data for which secrecy must be maintained.
The customer undertakes to refrain from any technical activity that would disrupt the normal functioning of the BRticket website.
Prior permission from BRticket is required for embedding deep links and framing.
4. Prohibition of commercial use
Ticket purchases from the BRticket website are limited to 20 tickets per individual order. If BRticket receives instructions from the promoter concerning specific events, BRticket reserves the right to impose further limits on the number of tickets that can be purchased per individual order.
Commercial resale of tickets and vouchers is prohibited.
Tickets may not be sold privately for a price exceeding the price printed on the ticket plus verifiable fees charged for the original ticket purchase. Tickets and vouchers may also not be sold privately via Internet auction companies or Internet ticket exchanges.
BRticket reserves the right to block user access to the BRticket website or refuse ticket orders if BRticket has a justified suspicion of an infringement of these conditions. BRticket notes that BRticket informs event promoters of infringements of resale prohibitions and that event promoters then generally refuse entry of the ticket holder to the event due to breach of contract, so that the ticket loses its validity as a result.
5. Conclusion of the contract, payment, retention of title
Rules concerning rights of withdrawal and rights of return under distance contracts are not applicable to ticket sales under Art. 312g (2) clause 1 no. 9 German Civil Code [BGB]. This means that a two-week right of withdrawal and right of return does not apply. The option of returning tickets once purchased is excluded as a general principle.
With respect to voucher purchases, the standard legal right of withdrawal and right of return apply if the customer is a consumer:
Information about your right of withdrawal
Right of withdrawal
You have the right to withdraw from the voucher purchase contract within 14 days without stating reasons.
The withdrawal period is 14 days from the date on which you, or a third party nominated by you who is not the forwarding agent, has/have acquired material possession of the voucher(s).
To exercise your right of withdrawal, you must inform us (BRmedia Service GmbH, department BRticket, Hopfenstrasse 4, DE-80335 München, tel. (0800) 59 00 594 (in Germany only), Fax +49 (0)89 59 00 10 881, email: email@example.com) of your decision to withdraw from the contract in the form of a clear withdrawal notice (e.g. letter, fax or email). If you choose the latter option, we will immediately (e.g. by email) send you confirmation of our receipt of your withdrawal notice.
Timely dispatch of your notice exercising your right of withdrawal (i.e. before expiry of the withdrawal period) is deemed sufficient for compliance with the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we undertake to reimburse all payments we have received from you, including delivery costs (excepting any additional costs resulting from your choice of a different delivery method from the lowest-cost standard delivery method offered by us) promptly and at the latest within 14 days of the date of our receipt of your withdrawal notice. This reimbursement will be made using the same payment method as you used in the original transaction unless expressly otherwise agreed with you; no fees will be charged to you for the reimbursement. We may refuse to reimburse payment until we have received the returned voucher(s) or until you provide us with proof of dispatch of the returned voucher(s), whichever is the earlier. You must return the voucher(s) to us promptly, and at the latest within 14 days of the date on which you notified us of your withdrawal from this contract. Dispatch of the returned voucher(s) before the end of the 14–day withdrawal period is deemed sufficient for compliance with the withdrawal period. You are responsible for paying only the direct shipping costs for returning the voucher(s). You need only pay for any loss of value of the voucher(s) if this loss of value arose from any treatment of the voucher(s) other than what would be necessary to ascertain the quality, nature and functioning of the voucher(s).
End of the information about your right of withdrawal
The customer enters details of the desired ticket/voucher purchase in the online order form and sends the form. By doing so, the customer submits an offer to conclude a contract for the ticket/voucher purchase. BRticket sends an email in confirmation of the online order, i.e. its receipt of the offer.
The conclusion of the contract concerning the ticket/voucher purchase depends on the desired payment method and form of transfer of the ticket/voucher.
Tickets and vouchers to be sent by post must be paid for in advance by bank transfer (direct debit), credit card or other payment method available in the webshop (e.g. instant bank transfer). The contract is concluded when the purchase price is credited to BRticket.
Ticket orders for collection at the BRticket booking office: The contract is concluded when the purchase price is credited to BRticket. When tickets ordered and paid for online are collected, personal ID must be presented as proof of identity.
Ticket reservation only: Reservation provides notice of a customer’s interest in purchasing a ticket and incurs no obligation on the part of the customer or BRticket. During the specified reservation period, BRticket will not accept reservation requests from other customers for the ticket in question. However, the event promoter may instruct BRticket – particularly in the case of extremely popular events – to stop taking ticket reservations and to sell any reserved tickets. In this case BRticket will endeavour to inform the customer of the premature end of the reservation period and request the customer to make a purchase decision; however, BRticket has no legal obligation to do so. Only an immediate ticket purchase secures the customer’s authorization to access the event.
A purchase contract for initially reserved tickets is concluded upon the customer’s payment for the tickets upon collection from the booking office or upon the crediting of the purchase amount to BRticket by bank transfer or credit card. If tickets are not collected and paid for within the specified period, the reservation is cancelled.
Collection from the box office is possible if payment has already been made upon ordering the tickets; the purchase contract is concluded upon the crediting of the purchase amount to BRticket. When prepaid tickets are collected, personal ID must be presented as proof of identity. If the customer fails to collect the ticket from the box office by the time the box office closes, the event promoter is entitled to sell the ticket to another customer. No full or partial reimbursement of the ticket price will be made.
print@home is an electronic ticket that can be printed out on the customer’s own printer when ordering is complete. This form of ticketing is possible if approved by the event promoter. The contract is concluded when the purchase price is credited to BRticket.
On the day of the event the one-time barcode on the ticket is scanned electronically at the door. The ticket entitles the bearer to enter the event, provided the customer seeking to enter the event can provide ID as the authorized ticket user. Further copies of the ticket do not entitle the bearer to enter the event.
Retention of title: Tickets and vouchers remain the property of the event promoter or of BRticket until full payment has been made. The event promoter or BRticket reserves the right to block the tickets/vouchers in the event of non-payment for the tickets/vouchers or non-completion of an online payment.
6. Payment options
Both corporate and private customers may pay for their order by bank transfer, instant transfer or credit card, depending on the time left until the event takes place. Tickets reserved for collection from the BRticket booking office may be paid for in cash or by direct debit card or credit card (VISA/Mastercard/American Express).
7. Service disruptions
Tickets are sent at the customer’s expense. BRticket reserves the right to select the forwarding agent at its own discretion.
Once the customer or a third party appointed by the customer has taken possession of the tickets, risk of loss or damage is devolved to the customer (Art. 474 (4) BGB). If the customer is not a consumer within the meaning of the law (Art. 13 BGB), devolution of risk takes place as soon as the tickets have been delivered to the forwarding agent (Art. 447 (1) BGB).
Upon receipt of the email order confirmation and upon receipt of the tickets, the customer is under obligation to inspect the order details and the tickets supplied and check the tickets supplied match the event, event date and time and event venue in the order, and that the number supplied matches the number ordered. In the event of errors in the tickets issued, the customer is obliged to inform BRticket promptly in text form (by email to the address firstname.lastname@example.org, or by letter to BRmedia Service GmbH, Department BRticket, Hopfenstrasse 4, D-80335 München, or by fax to +49 (0)89 59 00 10 881). In this case BRticket will endeavour to provide the customer with access to the event in accordance with the specifications given by the customer upon ordering. If this is not possible (e.g. because the event has sold out in the meantime), the customer is entitled to withdraw from the ticket purchase. If the customer fails to inform BRticket promptly, any further claims on the part of the customer are excluded.
8. Compensation by BRticket
Liability on the part of BRticket for compensation is limited to cases of breach of obligations based on negligence or gross negligence. All other liability is excluded. Statutory liability for damage arising from injury to life, limb or health remains unaffected. In this context see Section 8.
9. Execution of events
BRticket accepts no liability for the execution, progress, content or quality of individual events. Further, BRticket makes no guarantee of correctness and completeness concerning the event details provided by third parties on the BRticket website.
In the event of cancellation or relocation of events or non-execution of events for other reasons, any claims on the part of the customer apply solely against the individual event promoter in question. In individual cases where BRticket undertakes the reimbursement process of the ticket price after consultation with the event promoter, BRticket accepts no liability for the ticket price.
If the event does not take place, BRticket has no obligation to reimburse the fees it has charged for its own services.
10. Data protection, withdrawal of consent already granted
BRticket uses a secure process for online transfer of customer data as part of the order process.
BRticket may transfer the personal data to the individual event promoter and the credit card company as well as to the banks involved in the payment process. The same applies to the transfer of personal data for normal contractual processing or for the purpose of notifying the forwarding agent commissioned by BRticket of the shipment for delivery.
BRticket reserves the right to save personal data for the purpose of contractual fulfilment. The customer may request information on the personal data saved by BRticket (an email to email@example.com is sufficient).
11. Place of fulfilment, applicable law
The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions concerning limitation of choice of law and application of mandatory provisions, particularly those of the country of residence of the customer with the status of a consumer, will remain unaffected. In cases where the customer is a trader within the meaning of Art. 14 BGB, the sole place of fulfilment for goods, services and payments is Munich.
If the customer is a trader, Munich is agreed as the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship; BRticket reserves the right to call any other court with civil procedural competence. In the case of cross-border contracts, this also applies to customers that are not traders.
12. Information on online dispute resolution
The EU Commission provides an online dispute resolution platform (ODR platform) for resolution of disputes. The platform is a point of contact for out-of-court settlement of disputes of this kind. It is available at http://ec.europa.eu/consumers/odr/ .
13. Concluding provisions
If individual provisions of these T&Cs are or become invalid, the validity of the remaining provisions shall remain unaffected.
As at: October 2023
BRmedia Service GmbH