General Terms and Conditions of Messe Westfalenhallen Dortmund GmbH for purchasing tickets for the BaSpo – Die Ballsportmesse 2018
All orders and deliveries of tickets for the BaSpo – Die Ballsportmesse 2018 shall occur exclusively under these General Terms and Conditions of Messe Westfalenhallen Dortmund GmbH (MD) on behalf of and for the account of Westfalenhallen Dortmund GmbH. By purchasing admission tickets the purchaser accepts the following General Terms and Conditions of MD. The event services are primarily subject to the T&Cs of the relevant organiser, which the customer will be specially referred to when placing an order. Contractual claims due to breaches of obligations contained in the event agreement should be made exclusively against the organiser.
By purchasing admission tickets the customer accepts the following General Terms and Conditions of MD:
I. Formation of the contract
1. Payments in the online shop legally represent a request for the submission of offers. By completing the order process on MD’s website, i.e. by clicking the button: “Order with obligation to pay”, the customer submits a binding contractual offer requiring acceptance. The offer is accepted when the admission ticket is provided for download. All offers are non-binding and represent a non-binding invitation to the customer to order an admission ticket or another article. Orders are carried out exclusively against advance payment. The sale of all products is subject to availability. If stocks are exhausted, MD will reject conclusion of the contract.
2. The contract shall be concluded exclusively between the card owner (customer) and the relevant organiser. MD only arranges the event agreement in the name of and on behalf of the relevant organiser and is commissioned by the customer with processing the card purchase.
Organiser: BaSpo GmbH, Krützpoort 1, 47804 Krefeld, Germany
3. The admission tickets may only be purchased for the customer’s own private or business purposes. Commercial resale of admission tickets is not permitted. In the event of a breach of these rules WH is entitled to refuse future ticket sales and to issue a ban on admission.
II. Delivery and validity
1. If MD accepts the customer’s order, the latter - depending on its order - will receive an electronic ticket by email, a ticket on site, a confirmation and/or the invoice, or MD will make the electronic ticket available for download. Orders are carried out exclusively against advance payment. The customer is obliged to check the electronic ticket immediately after receiving it for any deviations from the order and to inform MD by email. If the electronic ticket has been issued incorrectly and replacement tickets can no longer be issued at the time of notification, MD shall reimburse any payments made.
2. Part deliveries are permitted.
3. If the customer is a business ordering an online ticket, the risk shall pass to the customer when the ticket is made available to print, otherwise as soon as WH or its supplier has handed over the consignment to the person carrying out transport or it has left MD for the purposes of shipment. If shipping proves impossible through no fault of MD, the risk shall pass to the customer when notification of readiness for shipping is given. If the customer is a consumer ordering an online ticket, the risk of accidental loss or deterioration shall pass to the customer on printing, otherwise for sales shipments only on handover of the item. If, in exceptional cases, on-site collection of tickets by the visitor is prescribed, the visitor is obliged to collect the tickets ordered on the day of the event in a timely manner at the counters provided for this purpose, on presentation of the order confirmation and personal ID.
4. Tickets printed by the customer via the print@home process shall only be valid when they have been paid for in full. Multiple printouts of a print@home ticket or other copies for the purpose of improper use of tickets are prohibited. The specific barcode on the print@home ticket is validated when the ticket is first scanned in at the event.
5. The resale or duplication of tickets, or attempts of any kind to circumvent the ticket order limit, will constitute a breach of MD’s ticket rules. In the event of a breach MD is entitled to refuse future sales of tickets, to block access and to issue a ban on admission.
6. Admission tickets cease to be valid on leaving the event site, unless otherwise agreed.
7. Purchasing an admission ticket constitutes acceptance of MD’s house rules. You can view the text of the house rules here.
III. Prices and payment
1. All prices include statutory VAT.
2. Should the customer wish to be sent a paper invoice for tickets, MD may add a processing fee in the amount of €1.50.
3. Customer payments shall be made exclusively by credit card, unless MD allows another payment method in individual cases. By providing their credit card details the customer confirms that it is entitled to use the credit card account and that sufficient funds will be available. In the event of a return debit (for lack of necessary funds in the account, due to termination of the account or unjustified objection from the account holder), MD is entitled to charge a processing fee to be determined at its reasonable discretion. The customer authorises MD to resubmit the direct debit for the outstanding payment obligation. All amounts shall become payable immediately on conclusion of the contract without deduction. If payment is not made, MD is entitled to arrange for the tickets to be blocked.
IV. Guarantee and liability
1. The guarantee and liability shall be subject to statutory regulations, unless otherwise agreed.
2. MD shall only be liable for damages other than injury to life, limb and health insofar as these are caused by intentional or gross negligence, or culpable breach of an essential contractual obligation by MD. If an essential contractual obligation is breached in a grossly negligent manner, MD’s liability is limited to the foreseeable damages typical for this kind of contract. Any further liability to pay compensation is excluded.
3. Insofar as MD’s liability is effectively excluded or limited according to the above provisions, this shall also apply to the personal liability of MD’s employees, other workers, bodies, representatives and agents.
4. MD shall not be responsible for delays in delivery and performance due to force majeure and events which make performance significantly more difficult or impossible, especially strike, lockout, official orders etc., even if they involve MD’s contractual partners or their contractual partners.
5. MD’s role as agent for the organiser does not make it responsible for the content, execution, progress or quality of the event nor for the information issued in relation to the events. Any liability for compensation on the part of MD is also excluded except in the case of gross negligence or intent.
6. No liability is assumed for the correctness and completeness of the event information shown on MD’s website at the instigation of third parties.
V. Right of cancellation and sample cancellation form (only for consumers within the meaning of § 13 BGB [German Civil Code])
A right of cancellation for consumers shall not exist or may end prematurely for contracts for the provision of services in connection with leisure activities, if the contract prescribes a particular date or period for the provision of these services (§ 312g para 2 clause 1 no. 9 BGB). This means that, if a company from the Westfalenhallen Dortmund GmbH group of companies makes offers of leisure activities, especially admission tickets for events, there is no right of cancellation. Each order of admission tickets is therefore binding immediately after confirmation by MD and obliges the consumer to accept and pay for the tickets ordered.
Otherwise the following shall apply to contracts with consumers:
Cancellation policy You have the right to cancel this agreement within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods. In order to exercise your right of cancellation, you must inform us Westfalenhallen Dortmund GmbH of your decision to cancel this agreement with a clear statement to this effect (e.g. with a letter sent by post, fax, or email). You can use the sample cancellation form attached but this is not mandatory.
You must send back or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you informed us that you were cancelling this agreement. The deadline is satisfied if you send the goods before expiry of the fourteen day period. You shall bear the direct costs of returning the goods. You only have to pay for any loss of value for the goods if this loss of value is attributable to your handling of the goods other than as necessary to ascertain their nature, qualities and functionality. End of the cancellation policy |
VI. Event cancellation or postponement
1. MD will refund the purchase price against return of admission tickets if the event is cancelled or postponed by the organiser and the latter makes the admission fees available to MD for customer refunds. If this is not the case, the customer must approach the organiser directly for a refund of the admission fee. Ticket returns will only be accepted and the purchase price reimbursed
• if the event is cancelled: up to two weeks after the date of the event
• if the event is postponed: up to five days before the date of the event
2. In the event of cancellation or postponement of the event, MD is not obliged to reimburse the fees appropriated for its own services.
3. It is not possible to issue a refund without the original tickets being returned (does not apply to print@home).
VII. Data protection
The customer’s personal data will be collected, processed and used within the framework of statutory regulations. Further details can be found in WH’s data protection policy.
VIII. Other provisions
Young people are subject to the provisions on the protection of minors.
IX. Final provisions
1. Customer shall only have the right to offset if their counterclaims against MD, Veranstaltungszentrum Westfalenhallen GmbH, KHC Westfalenhallen GmbH and Westfalenhallen Dortmund GmbH are uncontested or have been recognised or established by law.
2. Should individual clauses of these business contracts be or become invalid, this shall not affect the validity of the rest of the agreement. Any provisions which are invalid or have not been included shall be replaced in this case by the relevant statutory regulation. The same applies to eliminating any loopholes.
3. The place of fulfilment for both parties is Dortmund.
4. Dortmund is the exclusive place of jurisdiction and fulfilment for all claims, insofar as the customer is a registered trader, does not have a domestic general place of jurisdiction, moves its domicile or ordinary place of residence abroad after concluding the agreement, or its domicile or ordinary place of residence is unknown at the time the action is brought. German law shall apply with the exception of UN sales law (UN Convention on the International Sale of Goods, CISG).
5. The organiser reserves the right, however, to take legal action at the customer’s general place of jurisdiction. It is agreed that German law shall apply exclusively, to the exclusion of international private law and UN sales law.
Dortmund, 04/01/2018
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