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GTC - Tickets

1. Scope of Application - Subject of Contract
(1) These General Terms and Conditions shall apply solely to the provision of admission tickets, access passes, access authorisation cards, access authorisation badges and similar authorisations for cultural events (hereinafter referred to together as: "admission tickets") by Stuttgart-Marketing GmbH. These General Terms and Conditions shall apply to all services relating to the booking, provision and supply of admission tickets.

(2) This agency contract shall be classified as a non-gratuitous contract for services.

(3) Only the latest version of the General Terms and Conditions at the time of conclusion of the contract shall apply. Stuttgart-Marketing GmbH shall not accept conflicting conditions of the customer or conditions of the customer differing from the following General Terms and Conditions, unless the customer's terms and conditions have been expressly approved in writing. The following General Terms and Conditions shall also apply if Stuttgart-Marketing GmbH supplies all the services to the customer in the knowledge of conflicting conditions of the customer or conditions of the customer differing from the following General Terms and Conditions.

2. Conclusion of Contract - Overall Price Liability
(1) In the event of acceptance by Stuttgart-Marketing GmbH or the particular service providers, two contracts shall come about through the binding booking inquiry:
- An agency contract with Stuttgart-Marketing GmbH
- The arranged contract with a service provider (concert promoter, musical theatre, etc.)

(2) The contract relating to the provision of services according to § 1 shall come about after an electronic order has been received from the customer by means of the Internet order form of Stuttgart-Marketing GmbH and corresponding electronic acceptance by Stuttgart-Marketing GmbH.

(3) The booking inquiry shall be binding and shall normally be accepted after it has been received and briefly checked by Stuttgart-Marketing GmbH. Receipt of the booking inquiry shall be confirmed by an automatic system e-mail; this shall not be confused with the e-mail in which acceptance of the order is explained. The contents of the last two mentioned e-mails may also be shown in an e-mail. The customer shall be notified immediately if the number of admission tickets ordered in the selected price category is no longer available.

(4) Stuttgart-Marketing GmbH shall start to implement the agency contract as soon as it comes about. The corresponding number of admission tickets and similar services shall be booked irrevocably out of the service provider's system. With this booking, the contract between the customer and the service provider - the latter represented by Stuttgart-Marketing GmbH - shall come about. The service provider or Stuttgart-Marketing GmbH, as its agent, shall give the customer notification of acceptance. This may take place by phone or fax or by sending corresponding documents.

(5) Clarification:
Stuttgart-Marketing GmbH shall only become a contracting party to the agency contract since it merely arranges the coming about of the contracts between the customer and the service provider (concert promoter, musical theatre, etc.).

3. Payment - Dispatch
(1) The customer shall paid the stipulated price, which contains statutory value-added tax. The price shall become due for payment as soon as a contract comes about between the customer and the service provider, and the customer had the opportunity to acquire knowledge of this fact.

(2) Payments may be made using the methods shown on the homepage. If a payment is billed back, the customer shall be obliged to immediately return the authorisation documents that were handed over and refund the costs that were incurred.

(3) The customer shall be obliged to pay in advance. The admission tickets shall only be sent to the customer after payment has been received.

(4) Ownership of the admission tickets shall only pass to the customer when the purchase price has been paid in full. If a payment is billed back, the customer shall be obliged to return the admission tickets immediately and refund the costs that were incurred.

(5) The customer shall only have offsetting rights if his counterclaims are absolute or undisputed, or have been accepted by Stuttgart-Marketing GmbH.

4. Waiver of Revocation
(1) Stuttgart-Marketing GmbH shall start to implement the agency contract as soon as it comes about by booking the corresponding number of admission tickets irrevocably out of the service provider's system. The customer's right of revocation according to § 312 d of the German Civil Code (BGB) shall expire prematurely (on sending of the booking inquiry) if the customer states expressly (approval) during the electronic order process (before sending the data) by ticking a box to the effect that Stuttgart-Marketing GmbH can start straightaway to process the order. This corresponds to the legal regulation in § 312d (3) of the German Civil Code (BGB).

Online ordering of admission tickets and similar services shall not be possible without this approval since the travel services themselves have often been furnished in full before the end of the statutory revocation periods or the provision of services commences at least within the period.

5. Cancellation and Change of Bookings
(1) Admission tickets may not be returned to Stuttgart-Marketing GmbH because the company is unable to hand them back after they have been booked out of the system. Return requests shall therefore be sent directly to the respective contracting party to the arranged contract (organiser).

(2) If the arranged event does not take place for whatever reason, this shall not affect the validity of other contracts arranged by Stuttgart-Marketing GmbH with the customer.

(3) Information regarding arranged transport contracts

If Stuttgart-Marketing GmbH has arranged a transport contract for the customer with Deutsche Bahn AG, the customer may withdraw from this arranged transport contract (cancellation) or change the booking. If the agency contract was concluded via the Internet platform of Stuttgart-Marketing GmbH, the cancellation conditions at the time of conclusion of the contract shall apply "General Terms and Conditions for the Arrangement of Accommodation and Travel by Stuttgart Marketing GmbH via the Internet Platform".

If the agency contract was not concluded via the Internet platform of Stuttgart-Marketing GmbH, the cancellation conditions at the time of conclusion of the contract shall apply "General Terms and Conditions for the Arrangement of Accommodation and Travel by Stuttgart Marketing GmbH".

(4) Information regarding arranged accommodation contracts

If Stuttgart-Marketing GmbH has helped to arrange an accommodation contract for the customer, the customer may withdraw from this arranged accommodation contract (cancellation) or change the booking .

If the agency contract was concluded via the Internet platform of Stuttgart-Marketing GmbH, the cancellation conditions at the time of conclusion of the contract shall apply "General Terms and Conditions for the Arrangement of Accommodation and Travel by Stuttgart Marketing GmbH via the Internet Platform".

If the agency contract was not concluded via the Internet platform of Stuttgart-Marketing GmbH, the cancellation conditions at the time of conclusion of the contract shall apply "General Terms and Conditions for the Arrangement of Accommodation and Travel by Stuttgart Marketing GmbH".

6. Guarantee
(1) The information provided by Stuttgart-Marketing GmbH shall be based on statements from the particular organisers. Stuttgart-Marketing GmbH shall furnish no guarantee for the accuracy of this information.

(2) Stuttgart-Marketing GmbH shall also accept no guarantee for the arranged services, especially not the contents, implementation, progress or quality of services or events, or for the accuracy of the information transmitted by the service provider. The service providers shall have sole responsibility in this case.

7. Liability
(1) The liability of Stuttgart-Marketing GmbH and its vicarious agents for infringements of contractual obligations and from offences shall be limited to intent and gross negligence. This provision shall not apply in the event of death, physical injury or damage to the customer's health, claims in connection with the infringement of cardinal obligations and the reimbursement of damage caused by default (§ 286 of the German Civil Code). Stuttgart-Marketing GmbH shall be liable in this respect for every degree of fault.

(2) The liability of Stuttgart-Marketing GmbH for non-physical damage shall be limited per customer to three times the price of the arranged service, unless the company acted with intent or in a grossly negligent manner.

(3) If the customer is not an end user, the liability of Stuttgart-Marketing GmbH shall also be limited to the reimbursement of the typical damage that was incurred.

8. Data Protection
The customer's personal data shall be automatically recorded, processed and used to the extent required to implement the contract and through compliance with data protection legislation. Stuttgart-Marketing GmbH shall be entitled to pass on data to natural or legal persons who furnish the particular service.

9. Exclusion of Claims and Limitation of Actions
If liability for damage that is not caused by death, physical injury or damage to the customer's health, or for slight negligence is not excluded, these claims shall become statute-barred within one year starting from the occurrence of the claim. The limitation of action for compensation claims based on intentional action by Stuttgart-Marketing GmbH shall be governed by legal regulations.

10. Form of Statements
Relevant statements and announcements which the customer has to make to Stuttgart-Marketing GmbH or a third party shall be required in writing (letter, fax, e-mail).

11. Place of Performance - Choice of Law - Place of Jurisdiction
(1) Unless otherwise shown in the agency contract with Stuttgart-Marketing GmbH , the place of performance and place of payment shall be the principal place of business of Stuttgart-Marketing GmbH. If the customer is an end user, the legal regulations relating to the places of jurisdiction shall not be affected.

(2) The law of the Federal Republic of Germany shall apply.

(3) In the case of contracts with merchants, legal persons under public law or special public assets, the sole place of jurisdiction shall be the court responsible for the principal place of business of Stuttgart-Marketing GmbH.

12. Reference to General Terms and Conditions of Service Providers
(1) The General Terms and Conditions of the particular service provider (event promoter, hotel, railway company, etc.) shall regulate the contractual relations between the customer and the service provider. If effectively included, they shall therefore form an integral part of the event attendance contract, accommodation contract or transport contract. Otherwise, legal regulations shall apply to the contractual relationship between the customer and the individual service provider.

(2) Reference is made to the fact that the General Terms and Conditions of concert promoters, musical promoters or organisers of similar events may contain and normally contain the following regulations:

· Refusal to grant admission due to age or if people are in a state of intoxication
· Exclusion of liability for damage to hearing or other damage to health
· Ban on the consumption of food
· Ban on the carrying and use or recording equipment
· Regulations on the taking back of admission tickets
· Ban on the acquisition of admission tickets for the purpose of making a profit

(3) The customer shall read all the conditions relating to the particular event before concluding the agency contract with Stuttgart Marketing GmbH.

Position at 28.11.2003