General Terms and Conditions (hereinafter referred to as ‘GTC’) of Ticketbande B.V. (hereinafter also referred to as ‘TB’) for entrepreneurs (business owners, etc.) for the use of the Internet platforms www.ticketbande.de (ch, at, nl, com, co.uk, us, fr, it, cz, pl and ru), hereinafter referred to as www.ticketbande.domain as an online marketplace for offering services in the field of searching for tickets for concerts, events, etc.
§ 1 General information, terminology, definition of contractual relationships
1.1 TB operates a platform under the Internet domain www.ticketbande.domain, through which entrepreneurs (hereinafter referred to as ‘Users’) have the opportunity to advertise their own search requests for tickets, admission tickets and other access authorisations (hereinafter referred to as ‘Tickets’) for concerts, shows, sporting events and other events (hereinafter referred to as ‘Events’). Contracts relating to ticket-related search requests are hereinafter referred to collectively as ‘ticket search contracts’. Organisers or similar of events are hereinafter (also) referred to as ‘event organisers’. TB is in no way a party to the ticket search contracts; these are concluded exclusively on a private basis (both in terms of their conclusion and, subject to the following, in particular the provisions in § 6, in terms of their content) between the users of the platform and their customers. TB therefore merely provides the technical requirements for enabling interaction between users and their customers via the www.ticketbande.domain platform, namely through a web-based advertising space. TB has no influence on the content of ticket search contracts and advertisements for the purpose of initiating such contracts, except in exceptional cases where there is a legal obligation to do so; in particular, TB itself is not a provider, agent or similar of tickets.
1.2 A contractual relationship therefore only arises – after the conclusion of a corresponding contract – between TB and such (commercial) users who commission TB to provide individual, platform-related services (see in particular § 2), in particular the provision of online advertising space (hereinafter referred to as ‘contractual users’), and exclusively to this specific extent (hereinafter referred to as ‘user agreement’). TB shall not become a party to any ticket search contracts (of whatever nature) under any legal circumstances; any warranty and/or liability claims arising from such contracts cannot be asserted against TB under any circumstances. The same applies, for example, to cancellations, postponements or other changes relating to an event. These General Terms and Conditions apply to the usage contracts referred to in sentence 1. If, under the circumstances, a contractual relationship also arises between other (i.e. non-contractual) users and TB, these General Terms and Conditions shall apply mutatis mutandis; in any case, the risk warnings in Sections 6.1 and 6.3 and the limitations of liability in Section 8 shall apply in the relationship between users of www.ticketbande.domain and TB.
1.3 In the present context, the platform primarily serves to advertise ticket search contracts by the contractual users. A ticket search contract is usually understood to mean something like the following: the offer to find an owner willing to sell (hereinafter: ‘previous owner’) the ticket that the customer of the contractual user wishes to purchase, as well as the fundamental creation of the possibility for the customer of the contractual user to have the corresponding ticket personalised for themselves and subsequently to obtain at least the actual possession of the same from the previous owner (hereinafter collectively referred to as ‘personalisation’ or ‘service’). In this context, it is clarified once again that the contractual user/their customer is responsible for the specific terms of the contract, without TB having any influence whatsoever. In connection with the use of the platform www.ticketbande.domain, the contractual user is responsible for the complete fulfilment of all obligations which it has (or will have in the future) towards its customers under the law, in particular under the TDG, the UWG, the PAngV, the BDSG and the BGB / BGBEG. As a purely precautionary measure, any conflicting general terms and conditions of contractual users are hereby expressly rejected; these have no legal significance vis-à-vis TB.
1.4 TB reserves the right to amend these General Terms and Conditions; the statutory provisions shall apply to the effective incorporation of any new General Terms and Conditions between TB and the user.
§ 2 Scope and limits of services, in particular taking into account technical conditions, requirements for information provided by contractual users and responsibility for the content of advertisements
2.1 TB provides advertising space on the platform www.ticketbande.domain, which contractual users can use to indicate that they are interested in concluding ticket search contracts. To promote this purpose, the aforementioned platform has various functional areas such as search and input masks, which can be used, for example, by potential customers of contractual users to find events and book advertising space for a specific period of time/a specific ticket. www.ticketbande. domain is maintained as a platform accessible to an indefinite group of Internet users (possibly including translated versions of the aforementioned website), including persons residing abroad, and in this way makes available to a public that cannot be further defined in terms of persons the data that contractual users store when advertising ticket search contracts. TB shall determine the graphic design and placement of advertisements on www.ticketbande.domain at its reasonable discretion, whereby certain category features (such as a particularly eye-catching design or prominent placement of the advertisement) that may be booked by the contractual user shall be guaranteed, provided that they are offered by TB and paid for by the contractual user.
2.2 The minimum content of an advertisement is determined by the mandatory information requested from the contractual user in the advertisement form; the contractual user is obliged to provide all such information truthfully and to refrain from providing any information that could mislead potential customers. Any errors in the advertisement must be corrected by the contractual user immediately after they are discovered. In any case, it is not permitted to include links in the text of the advertisement (with the exception of links that, if available, link to the respective event/the corresponding organiser's website; legal responsibility for such links remains with the contractual user in all cases) as is the inclusion of telephone numbers and other means of communication whose use by potential customers incurs higher charges than those for the mere use of the (respective) telecommunications service. The contractual user is solely responsible for the content of an advertisement; TB accepts no liability for its accuracy or otherwise.
2.3 Only contractual users are entitled to use TB's services (including the continued availability of an advertisement until the end date, see the definition below in § 4.1) within the scope of the website www.ticketbande.domain, but only to the extent necessary for the proper execution of the user agreement and:
(a) within the scope of the current state of the art, and
(b) subject to:
(aa) technical disruptions beyond TB's control (which can be remedied with reasonable economic effort), such as conditions of generally restricted Internet connectivity or unforeseeable system and/or server failures, and
(bb) temporary maintenance work on the part of TB, which is carried out with regard to (in particular) capacity limits, server stability, security and integrity, protection of the platform against attacks by so-called hackers or similar with the aim of maintaining or improving TB's service offering to users; TB shall take the legitimate interests of users into account to a reasonable extent, not least with regard to the time-sensitive nature of advertisements in connection with events, in particular by providing advance information about the aforementioned measures.
2.4 The provisions in § 8 remain unaffected.
§ 3 Registration requirement, personal area and deletion of a user account
3.1 The use of www.ticketbande.domain by contractual users requires prior registration on the platform, which is free of charge. The data requested by TB must be provided by the contractual user completely and truthfully. The contractual user must immediately update any changes to their data (e.g. after moving house) as long as they are (still) active on www.ticketbande.domain. Only one user account may be created per user; this account is not transferable.
3.2 Users also have the option of accessing a personal area where they can manage their settings. This area is secured by a user name (which can be chosen by the user themselves, i.e. freely selectable within the technical specifications) and a password (for which a valid email address can also be chosen, for example).
3.3 It is the responsibility of the user to protect the access data specified in § 3.2 from being accessed by third parties and thus from possible misuse. TB is free to delete user accounts if they have not been used for a period of more than 12 (twelve) months; however, the aforementioned period shall not commence during the term of an advertisement. After a user account has been deleted for the aforementioned reason, the user generally has the option of setting up a new account. TB reserves the right to delete a user account without notice, to refuse to set up a new account, and to permanently block a user for good cause. Section 3.4 shall apply accordingly.
3.4 A user may delete their account at any time; this shall have no effect on any claim for usage fees already incurred by TB in connection with a usage contract at that time, unless the contractual user proves that in this case no damage (in particular a loss of earnings for TB) has been incurred at all or only to a significantly lesser extent (than the regular usage fee). In the latter case, the contractual user shall then only owe this lower amount as remuneration.
§ 4 Creation of advertisements, publication, terms, changes, availability and deletion of advertisements
4.1 Advertising space on the online platform www.ticketbande.domain may be made available to the contractual user by TB for a limited period of time. This requires the conclusion of a corresponding usage agreement and the payment of the associated usage fee. The amount of the latter will be displayed to the contractual user when booking the advertisement before the actual conclusion of the contract. The duration of the advertisement (i.e. its availability, findability, etc. on www.ticketbande.domain) is generally limited to the period from the conclusion of a corresponding contract to the date of the event, but to a maximum of 6 (six) months (hereinafter referred to as the ‘end date’). If the event has not taken place by the end date, a one-time extension of the advertisement is possible (hereinafter: ‘extension’); sentence 4 shall then apply accordingly. The advertisement shall generally be activated 14 days after it has been booked by the contractual user. However, if the latter requests TB to activate the advertisement earlier, for example shortly after booking, TB shall comply with this request within the limits of its technical capabilities. Only one ticket search contract (for a maximum of 2 tickets) may be offered per advertisement.
4.2 The contractual user has access to their advertisement(s) in their personal user area and can also change them there (free of charge). TB provides various text and graphic options for designing the advertisement via www.ticketbande.domain. The contractual user may also temporarily deactivate or completely delete their advertisement. In order to keep the advertisements on www.ticketbande.domain as up to date as possible for all users, the contractual user is also requested to delete their advertisement as soon as they are no longer able to fulfil a ticket search contract. However, in all these cases, there shall be no refund of the remuneration owed to TB under the user agreement for the advertising space provided for a limited period of time, unless the contractual user proves that in this case no damage (in particular a loss of earnings for TB) has been incurred or only to a significantly lesser extent (than the regular usage fee). In the latter case, the contractual user shall then only owe this lower amount as remuneration. Furthermore, it is clarified that the failure to conclude a ticket search contract or its non-fulfilment (including, where applicable, only on the part of the customer) does not entitle the contractual user to a partial or full refund of the usage fee, because the realisation of this objective lies solely within the sphere of risk of the contractual user.
4.3 TB is entitled to delete advertisements of a contractual user for good cause. Good cause may include, in particular, a breach of § 6.2 or of statutory provisions by the contractual user; in such cases, § 4.2 sentences 5 and 6 shall apply accordingly to TB's claim to remuneration for use.
§ 5 Prices, due date, payment methods
5.1 Unless special (deviating) agreements are made, TB does not offer promotional prices, etc. or other special conditions with priority or surcharges (e.g. due to particularly prominent placement of the advertisement) are offered or demanded, TB shall be entitled to a usage fee (commission) amounting to 25% of the ticket price/ticket prices due for the ticket(s) to be searched for, in accordance with §§ 2 and 4. In all cases, TB shall add to the aforementioned percentage, if legally owed or if a statutory option right exists and is exercised by TB, the statutory value added tax applicable at the time of conclusion of the usage agreement. For the sake of clarity, the above also applies to the extension of an advertisement.
5.2 The remuneration specified in 5.1 shall be earned upon conclusion of the usage contract and shall be due upon activation of the advertisement, but not before the contractual user has received a corresponding invoice; this may also be an electronic invoice sent by email. The contractual user shall be offered various options for making payment, whereby it shall be ensured at all times that at least one reasonable payment option that is free of charge for the contractual user is available when the advertisement is booked. The contractual user may in any case fulfil their payment obligation under the usage agreement by payment by credit card, (cashless) advance payment or via SEPA direct debit. The costs of any return debits (e.g. due to insufficient funds) shall be borne by the contractual user, except in cases where the contractual user is not responsible for the failed collection or can prove that no damage or only significantly less damage has been incurred. In the latter case, the contractual user shall only be liable to TB for reimbursement of this lesser amount. Ticketbande reserves the right to retain the commission from the ticket price due.
5.3 Upon payment of the remuneration owed in accordance with § 5.1, the contractual user also acquires exclusive access to an area on www.ticketbande. domain, in which exclusively private users – consumers – sell tickets for events without the intention of making a profit, in particular in a situation where a ticket initially purchased for oneself cannot be used for the event, for example due to personal reasons or other scheduling conflicts, illness, inability to reach the event location from the user's place of residence, etc. Such tickets may only be offered by consumers in the aforementioned area without a profit margin, i.e. at the original price. If a contractual user purchases such tickets, this shall result in an independent claim for remuneration by TB in accordance with § 5.1.
§ 6 General risk warnings and information obligations for contractual users towards their (potential) customers regarding tickets and events, admission to events and possible refusal of admission, (further) requirements for the permissibility of advertising tickets on www.ticketbande.domain, contractual relationship between users
6.1 Tickets for events are generally sold by the respective event organisers either as non-personalised tickets or as personalised tickets. While the former are freely transferable, resalable or otherwise usable by third parties without further permission from the event organiser, the latter often involve the use of various means and (contractual) instruments (hereinafter referred to as ‘event terms and conditions’) by the event organisers in order to limit, impede or even partially prevent the further circulation/re-personalisation of personalised tickets (to persons other than the original purchaser). This applies not least when ticket owners willing to sell and/or ticket buyers willing to purchase make use of commercial services provided by third parties for the intended transaction and/or its preparation. Ultimately, therefore, it cannot be ruled out that even a service such as that provided by TB, which merely provides the aforementioned persons with a platform/WWW-based advertising space for ticket offers and requests without itself becoming a party to the ticket search contracts as such, may be subject to restrictions on the part of the event organiser. Nor can this be ruled out for the services offered by the contractual user.
6.2 In order to avoid disadvantages for potential customers (such as being denied access to the event by the organiser) and for TB as far as possible, the contractual user is therefore obliged to only offer tickets for sale/exchange on www.ticketbande. domain only offer tickets for sale/exchange that are either not personalised or for which, according to the respective event terms and conditions, a change of name on the tickets is permitted even if the (contractual) user uses a platform such as that of TB / www.ticketbande.domain to search for a party willing to change the name on the tickets.
6.3 Nevertheless, all users are hereby generally advised that with regard to the ticket search contracts they conclude on their own responsibility, a residual risk in the sense of a possible violation of the event terms and conditions cannot be ruled out. An event organiser may consider a ticket search contract to be legally invalid or treat it as such (regardless of whether this approach is actually ‘legal’); this may result in the event organiser demanding a contractual penalty or refusing admission to an event. All of this relates exclusively to the risk sphere of the contractual users with regard to ticket search contracts (including their initiation) and their customers and does not affect TB's remuneration claims from usage contracts in any way.
6.4 To protect (potential) customers, the contractual user is obliged to include risk warnings in the contract to be used with the former which, in terms of scope, suitability in terms of their warning function, clarity of language, etc., at least meet the level set out here (in particular this § 6); in addition, these warnings must also be highlighted visually in at least three ways: bold type, font size and placement.
§ 7 Warranty
The warranty rights of the contractual user are governed by the statutory provisions.
§ 8 Limitation of liability
8.1 TB shall be liable to contractual users 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, damages for delay, incidental damages, consequential damages, etc.) of the claim asserted, in accordance with the statutory provisions, provided that:
(a) the user asserts claims based on intent or gross negligence on the part of TB;
(b) a guarantee assumed or a material contractual obligation has been culpably breached by TB. Essential contractual obligations are those that protect the contractual user's essential legal positions, which the contract must grant them according to its content and purpose. These obligations also include those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual user has relied or may rely;
(c) TB's culpable conduct results in injury to the life, limb or health of the user;
(d) TB is subject to mandatory liability under the German Product Liability Act (ProdHG).
Any corresponding fault on the part of TB's representatives and vicarious agents shall be attributed to TB.
8.2 In the cases (b) of § 8.1, however, TB's liability shall be limited to the foreseeable, typically occurring damage if the fault is below the level of gross negligence. At the same time, the limitation period shall then be limited to 1 year, calculated from the start of the statutory limitation period.
8.3 In all other cases, i.e. for situations not covered by § 8.1 (a) to (d) above, TB shall not be liable for damages or reimbursement of expenses. This exclusion of liability shall also apply in favour of TB's representatives and vicarious agents.
8.4 The above provisions in Sections 8.1 to 8.3 do not imply any change in the burden of proof to the detriment of the user.
Section 9 Indemnification
The contractual user indemnifies TB against all claims asserted against TB by third parties due to the infringement of their rights by the advertisement placed by the former (in particular its content), the legal transaction enabled by it or concluded on its basis, omitted notices within the meaning of § 6 or due to the other type of use of the services of www.ticketbande.domain by the latter. Such claims for indemnification shall also include, among other things, the costs of necessary legal defence by TB (in particular court and legal fees in the statutory amount). TB's claim for indemnification shall not apply insofar as legal violations are involved for which the contractual user is not responsible. This provision does not imply a change in the burden of proof at the expense of the contractual user.
§ 10 Data protection and data processing
10.1 TB processes the personal data of the contractual user in compliance with the data protection provisions applicable to the contract. The personal data of the contractual user is collected, processed and used by TB in an automated procedure to the extent necessary for the establishment, design or amendment of the contractual relationship.
10.2 If the (contractual) user expressly gives their consent, TB and, if applicable, its co-branding partner whose website the contractual user visited to access www.ticketbande.domain, shall also be entitled to use the data received to advise the aforementioned user, for advertising, for market research for its own purposes and for the needs-based design of www.ticketbande. domain. This consent may be revoked by the (contractual) user at any time without giving reasons.
10.3 Credit card details and account details are not processed or stored and are not made accessible to third parties. All order and payment transactions are SSL-encrypted.
§ 11 Place of jurisdiction, place of performance, severability clause and miscellaneous
11.1 Unless otherwise specified in the contract, the place of performance and payment is our registered office. If the (contractual) user is not a merchant, the statutory provisions on the place of jurisdiction shall remain unaffected, subject to the provisions in paragraph 11.2 below.
11.2 For all disputes relating to or in connection with usage contracts – including contractual relationships that have merely been initiated – the courts of the Netherlands shall have exclusive jurisdiction, both nationally and internationally, if the user is a merchant. The same applies to other persons who are not consumers. In this case, the courts located in the district of Landgraaf shall have exclusive jurisdiction. However, TB shall be free to sue the (contractual) user who is a merchant or any other person not acting as a consumer at their place of business.
11.3 The law of the Federal Republic of Germany (hereinafter: ‘FRG’) shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the provisions of German international private law. This also applies in cases where the (contractual) user does not have their habitual residence in the BRD, but with the proviso that the application of German law shall not supersede provisions at the place of their habitual residence which are intended to protect them and from which it is not possible to deviate by agreement under the law applicable there.
11.4 In the event of any ambiguities, inconsistencies or contradictions between this (English) version of TB's General Terms and Conditions for the use of www.ticketbande.domain and any versions in other languages, the English version shall prevail. Until further notice, only the English language is available for the conclusion of user agreements.
11.5 Should individual or multiple provisions or parts thereof of contracts between TB and (contractual) users, of which these General Terms and Conditions form an integral part, be or become invalid beyond the scope of these General Terms and Conditions for reasons other than those specified in Sections 305–310 of the German Civil Code (BGB), this shall not affect the validity of the remaining provisions or parts thereof; rather, TB and the (contractual) user shall be obliged in such cases to cooperate in establishing a new provision that comes as close as possible to the economic intentions of the invalid provisions or parts thereof. their parts shall not be affected; rather, TB and the (contractual) user shall in such cases be obliged to cooperate in the formulation of a new provision that comes as close as possible to the economic intentions of the provisions / parts thereof. The same shall apply in the event of contractual loopholes requiring supplementation. Section 306 of the German Civil Code (BGB) shall remain unaffected.
General Terms and Conditions (hereinafter: ‘GTC’) of Ticketbande B.V.(hereinafter also referred to as ‘TB’) for the non-commercial use of the Internet platforms www.ticketbande.de (ch, at, nl, com, co.uk, us, fr, it, cz, pl and ru), hereinafter referred to as www.ticketbande.domain as an online marketplace for ‘user to user’ transactions in the area of tickets, events and the like.
A. Right of withdrawal for users of www.ticketbande.domain in their capacity as consumers; consequences of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (address, telephone number, email address) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample withdrawal form (shown at the end of this paragraph, also available via https://www.gesetze-im-internet.de/bgbeg/art_248anlage_2.html), but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal in respect of this contract in comparison to the total scope of the services provided for in the contract.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
– To [Ticketbande B.V., ... plus fax number and email address, if applicable]:
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for notifications on paper)
– Date
(*) Delete as applicable.
B. General Terms and Conditions
§ 1 General information, terminology, definition of contractual relationships
1.1 TB operates a platform under the Internet domain www.ticketbande.domain, through which consumers have the opportunity to contact other users (consumers and users hereinafter also referred to as ‘users’) for the sole purpose of concluding contracts for tickets, admission tickets and other access authorisations (hereinafter: ‘tickets’) for concerts, shows, sporting events and other events (hereinafter referred to as ‘events’) and/or to initiate such contracts (hereinafter referred to collectively as ‘ticket contracts’). Organisers or similar of such events are hereinafter (also) referred to as ‘event organisers’. TB itself is in no way a party to the ticket contracts; these are concluded exclusively on a private basis (both in terms of their conclusion and content) between the users of the platform. TB therefore merely provides the technical requirements for enabling interaction between users via the www.ticketbande.domain platform, namely through a web-based advertising space. TB has no influence on the content of ticket contracts and advertisements for the purpose of initiating such contracts, except in exceptional cases where there is a legal obligation to do so; in particular, TB itself is not a provider, agent or similar of tickets.
1.2 A contractual relationship therefore only arises – after the conclusion of a corresponding contract – between TB and those users who commission TB to provide individual, platform-related services (see in particular § 2), in particular the provision of online advertising space (hereinafter referred to as ‘contractual users’), and exclusively to this specific extent (hereinafter referred to as ‘user agreement’). TB shall not become a party to any ticket contracts (of whatever nature) under any legal circumstances; any warranty and/or liability claims arising from such contracts cannot be asserted against TB under any circumstances. The same applies, for example, to cancellations, postponements or other changes relating to an event. These General Terms and Conditions apply to the usage agreements referred to in sentence 1. If, under the circumstances, a contractual relationship also arises between other (i.e. non-contractual) users and TB, these General Terms and Conditions shall apply mutatis mutandis; in any case, the risk warnings in Sections 6.1 and 6.3 and the limitations of liability in Section 8 shall apply in the relationship between users of www.ticketbande.domain and TB.
1.3 The platform is intended – insofar as it relates to the present area of non-commercial use – exclusively for consumer use for non-commercial purposes, for example in a situation where a ticket initially purchased for oneself cannot be used for the event and is therefore to be transferred to a third party, for example due to personal circumstances or other scheduling conflicts, illness, inability to reach the event location from the user's place of residence, etc. (hereinafter: ‘circumstantial ticket sale’). For the sake of clarity, it is pointed out that legal provisions which apply to users in their capacity as consumers or which apply without distinction or at least in part to consumers, such as the UrhG, must also be observed by such users who are also consumers.
1.4 TB reserves the right to amend these General Terms and Conditions; the statutory provisions shall apply to the effective inclusion of any new General Terms and Conditions between TB and the user.
§ 2 Scope and limits of services, in particular taking into account technical conditions, requirements for information to be provided by the contractual user and responsibility for the content of advertisements
2.1 TB provides advertising space on the platform www.ticketbande.domain, insofar as it is aimed at consumers, in particular for the sale of tickets due to circumstances. To promote this purpose, the aforementioned platform has various functional areas such as search and input masks. www.ticketbande. domain is maintained as a platform accessible to an undefined group of Internet users (including translated versions of the aforementioned website) and thus makes available to the general public, who cannot be further defined in terms of person, the data that contractual users store within the scope of the aforementioned advertising. TB shall determine the graphic design and placement of advertisements on www.ticketbande.domain at its reasonable discretion.
2.2 The minimum content of an advertisement is determined by the mandatory information requested from the contractual user in the advertisement form; the contractual user is obliged to provide all such information truthfully and to refrain from providing any information that could mislead other users. Any errors in the advertisement must be corrected by the contractual user immediately after they are discovered. In any case, it is not permitted to include links in the text of the advertisement (with the exception of links that, if available, link to the respective event/the corresponding organiser's website; the legal responsibility for such links remains with the contractual user in all cases) as is the inclusion of telephone numbers and other means of communication whose use by other users incurs higher charges than those for the mere use of the (respective) telecommunications service. The contractual user is solely responsible for the content of an advertisement; TB accepts no liability for its accuracy or otherwise.
2.3 Only contractual users who make use of TB's services (including the continued availability of an advertisement until the end date, see the definition below in § 4.1) within the scope of the website www.ticketbande.domain are entitled to use TB's services, but only to the extent that this is necessary for the proper execution of the user agreement and:
(a) within the scope of the current state of the art, and
(b) subject to:
(aa) technical disruptions beyond TB's control (which cannot be remedied with reasonable economic effort), such as conditions of generally restricted Internet connectivity or unforeseeable system and/or server failures, and
(bb) temporary maintenance work on the part of TB, which is carried out with due regard (in particular) to capacity limits, server stability, security and integrity, protection of the platform against attacks by so-called hackers or similar with the aim of maintaining or improving TB's range of services for users; TB shall take the legitimate interests of users into account to a reasonable extent, not least with regard to the time-sensitive nature of advertisements in connection with events, in particular by providing appropriate advance information regarding the aforementioned measures.
2.4 The provisions in § 8 remain unaffected.
§ 3 Registration requirement, personal area and deletion of a user account
3.1 The use of www.ticketbande.domain by contractual users requires prior registration on the platform, which is free of charge. The data requested by TB must be provided by the contractual user completely and truthfully. The contractual user must immediately update any changes to their data (e.g. after a move) as long as they are (still) active on www.ticketbande.domain. Only one user account may be created per user; this account is not transferable.
3.2 Users also have the option of accessing a personal area where they can manage their settings. This area is secured by a user name (which can be chosen by the user themselves, i.e. freely selectable within the technical specifications) and password (for which a valid email address can also be chosen, for example).
3.3 It is the responsibility of the user to protect the access data specified in § 3.2 from being accessed by third parties and thus from possible misuse. TB is free to delete user accounts if they have not been used for a period of more than 12 (twelve) months; however, the aforementioned period shall not commence during the term of a paid advertisement. After deleting a user account for the aforementioned reason, the user generally has the option of setting up a new account. TB reserves the right to delete a user account without notice, to refuse to set up a new account, and to permanently block a user for good cause. Section 3.4 shall apply accordingly.
3.4 A user may delete their account at any time; this shall have no effect on any claim for usage fees already incurred by TB in connection with a usage contract at that time, unless the contractual user proves that in this case no damage (in particular a loss of earnings for TB) has been incurred at all or only to a significantly lesser extent (than the regular usage fee). In the latter case, the contractual user shall then only owe this lower amount as remuneration. The rights of the user who is also a consumer, as set out above under A., remain unaffected.
§ 4 Creation of advertisements, publication, terms, changes, availability and deletion of advertisements
4.1 Advertising space on the online platform www.ticketbande.domain may be made available to the contractual user by TB for a limited period of time for the purpose of selling tickets due to circumstances – which is generally only recognised for consumers. This requires the conclusion of a corresponding usage agreement. The duration of the advertisement (i.e. its availability, findability, etc. on www.ticketbande.domain) is generally limited to the period from the conclusion of a corresponding agreement to the date of the event, but to a maximum of 6 (six) months (hereinafter referred to as the ‘end date’). If the event has not taken place by the end date, a one-time extension of the advertisement is possible (hereinafter referred to as ‘extension’); sentence 4 shall then apply accordingly. The advertisement will generally be activated 14 days after it has been booked by the contractual user. However, if the latter requests TB to activate the advertisement earlier, for example shortly after booking, TB will comply with this request within the limits of its technical capabilities. A maximum of 2 (two) tickets may be offered per advertisement, exclusively without any profit margin, i.e. only at the original price.
4.2 The contractual user has access to their advertisement(s) in their personal user area and can also change them there (free of charge). TB provides various text and graphic options for designing the advertisement via www.ticketbande.domain. The contractual user may also temporarily deactivate or completely delete their advertisement. In order to keep the advertisements on www.ticketbande.domain as up to date as possible for all users, the contractual user is also requested to delete their advertisement as soon as they are no longer the owner of the ticket or are otherwise unable to fulfil a ticket contract. However, in all these cases, there shall be no refund of the remuneration owed to TB under the user agreement for the advertising space provided for a limited period of time, unless the contractual user proves that in this case no damage (in particular a loss of earnings for TB) has been incurred or only to a significantly lesser extent (than the regular usage fee). In the latter case, the contractual user shall then only owe this lower amount as remuneration. Furthermore, it is clarified that the non-conclusion of a ticket contract or its non-fulfilment does not entitle the contractual user to a partial or full refund of any usage fees incurred, because the realisation of this objective lies solely within the sphere of risk of the contractual user.
4.3 TB is entitled to delete advertisements of a contractual user for good cause. Good cause may exist in particular in the event of a breach of § 6.2 or of statutory provisions by the contractual user; in such cases, § 4.2 sentences 5 and 6 shall apply mutatis mutandis to any claim by TB for remuneration for use.
4.4 The rights of the user who is also a consumer, as set out above in A., remain unaffected.
Section 5 Free and paid use, prices, due date, payment methods
5.1 The use of the advertising space within the meaning of Section 4 is free of charge for users who are also consumers. Only certain category features (such as a particularly eye-catching design or prominent placement of the advertisement, hereinafter referred to as ‘special services’) that may be added by the contractual user are subject to a fee, insofar as these are offered by TB. TB expressly points out any corresponding obligation to pay such fees when placing an advertisement. It is clarified that the user is completely free to decide whether or not to make use of special services.
5.2 Any remuneration arising in accordance with 5.1 shall be earned upon conclusion of the user agreement and shall be due upon activation of the advertisement, but not before the contractual user has received a corresponding invoice; this may also be an electronic invoice sent by email. The contractual user shall be offered various options for making payment, whereby it shall be ensured at all times that at least one reasonable payment option that is free of charge for the contractual user is available when the advertisement is booked. The contractual user may in any case fulfil their payment obligation under the usage agreement by payment by credit card, (cashless) advance payment or via SEPA direct debit. The costs of any return debits (e.g. due to insufficient funds) shall be borne by the contractual user, except in cases where the contractual user is not responsible for the failed collection or can prove that no damage or only significantly less damage has been incurred. In the latter case, the contractual user shall only be liable to TB for reimbursement of this lesser amount.
5.3 The rights of the user who is also a consumer mentioned above under A. remain unaffected.
§ 6 General risk information on tickets and events, admission to events and possible refusal of admission, (further) conditions for the permissibility of advertising tickets on www.ticketbande.domain, contractual relationship between users
6.1 Tickets for events are generally sold by the respective event organisers either as non-personalised tickets or as personalised tickets. While the former allow free circulation, resale or other use of the tickets by third parties without further ado on the part of the event organiser, the latter often use different means and (contractual) design instruments (hereinafter: ‘Event Terms and Conditions’) in order to limit, impede or even partially prevent the further circulation/re-personalisation of personalised tickets (to persons other than the original purchaser). This applies not least when ticket owners willing to sell and/or ticket buyers willing to purchase make use of commercial services provided by third parties for the intended transaction and/or its preparation. Ultimately, therefore, it cannot be ruled out that even a service such as that provided by TB, which merely provides the aforementioned persons with a platform/WWW-based advertising space for ticket offers without itself becoming a party to the ticket contracts as such, may be subject to restrictions on the part of the event organiser.
6.2 In order to avoid disadvantages for other users (such as being denied access to the event by the organiser) or for TB as far as possible, the (contractual) user is therefore obliged to only offer tickets for sale/exchange via www.ticketbande. domain only offer tickets for sale/exchange that are either not personalised or for which, according to the respective event terms and conditions, a change of personalisation is permitted even if the (contractual) user uses a platform such as that of TB/www.ticketbande.domain to search for a party willing to change the personalisation/a buyer.
6.3 Nevertheless, all users are hereby generally advised that, with regard to ticket sales made by them on their own responsibility due to circumstances, a residual risk in the sense of a possible violation of the event terms and conditions cannot be excluded. An organiser may also consider such a sale to be legally invalid or treat it as such (regardless of whether it is actually ‘within its rights’ to do so); this may result in the organiser demanding a contractual penalty or refusing admission to an event.
§ 7 Warranty
The warranty rights of the contractual user are governed by the statutory provisions.
§ 8 Limitation of liability
8.1 TB shall be liable to users 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, damages for delay, incidental damages, consequential damages, etc.) of the claim asserted, in accordance with the statutory provisions, provided that:
(a) the user asserts claims based on intent or gross negligence on the part of TB;
(b) a guarantee assumed or a material contractual obligation has been culpably breached by TB. Essential contractual obligations are those that protect the contractual user's essential legal positions, which the contract must grant them according to its content and purpose. These obligations also include those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual user has relied or may rely;
(c) culpable conduct on the part of TB results in injury to life, limb or health of the user;
(d) mandatory liability on the part of TB is established under the German Product Liability Act (ProdHG).
Corresponding fault on the part of TB's representatives and vicarious agents shall be attributed to TB.
8.2 In the cases (b) of § 8.1, however, TB's liability shall be limited to the foreseeable, typically occurring damage if the fault is below the level of gross negligence. At the same time, the limitation period shall then be limited to 1 year, calculated from the start of the statutory limitation period.
8.3 In all other cases, i.e. for situations not covered by § 8.1 (a) to (d) above, TB shall not be liable for damages or reimbursement of expenses. This exclusion of liability shall also apply in favour of TB's representatives and vicarious agents.
8.4 The above provisions in Sections 8.1 to 8.3 do not imply any change in the burden of proof to the detriment of the user.
Section 9 Indemnification
The contractual user indemnifies TB against all claims asserted against TB by third parties due to the infringement of their rights by the advertisement placed by the former (in particular its content), the legal transaction enabled by it or concluded on its basis, or due to the other type of use of the services of www.ticketbande.domain by the latter. Such claims for indemnification shall also include the costs of necessary legal defence by TB (in particular court and legal fees in the statutory amount). TB's claim for indemnification shall not apply insofar as legal violations are involved for which the contractual user is not responsible. This provision does not imply a change in the burden of proof to the detriment of the contractual user.
§ 10 Data protection and data processing
10.1 TB processes the personal data of the contractual user in compliance with the data protection provisions applicable to the contract. The personal data of the contractual user is collected, processed and used by TB in an automated procedure to the extent necessary for the establishment, design or amendment of the contractual relationship. The real (personal) data of the respective (contractual) user will only be made available to other users upon request and upon simultaneous proof of a ticket contract concluded between them for the purpose of facilitating processing, if a corresponding request by the user has not been answered by the contractual user within a reasonable period of time.
10.2 If the (contractual) user expressly gives their consent, TB and, if applicable, its co-branding partner whose website the contractual user visited to access www.ticketbande.domain, shall also be entitled to collect, process and use the data received for the purpose of advising the aforementioned user, for advertising, for market research for its own purposes and for the needs-based design of www.ticketbande. domain. This consent may be revoked by the (contractual) user at any time without giving reasons.
10.3 Credit card details and account details will not be processed or stored and will not be made available to third parties. All order and payment transactions are SSL-encrypted.
§ 11 Place of jurisdiction, place of performance, severability clause and miscellaneous
11.1 Unless otherwise specified in the contract, the place of performance and payment is our registered office. However, the statutory provisions on the place of jurisdiction remain unaffected, subject to the provisions in paragraph 11.2 below.
11.2 For all disputes relating to or in connection with user agreements – including contractual relationships that have merely been initiated – the courts of the Netherlands shall have exclusive jurisdiction, both nationally and internationally. In this case, the courts located in the judicial district of Landgraaf shall have exclusive jurisdiction. However, TB is free to sue the (contractual) user at their place of residence. The foregoing (11.2) shall only apply, however, on condition that the user retains the right to bring proceedings (also) before courts other than those specified in Section 4 of EC Regulation No. 44/2001.
11.3 The law of the Federal Republic of Germany (hereinafter referred to as ‘FRG’) shall apply, 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 cases where the (contractual) user does not have their habitual residence in the BRD, but with the proviso that the application of German law shall not supersede provisions at the place of their habitual residence which are intended to protect them and which cannot be deviated from by agreement under the law applicable there.
11.4 In the event of any ambiguities, inconsistencies or contradictions between this (English) version of TB's General Terms and Conditions for the use of www.ticketbande.domain and any other language versions that may exist, the English version shall prevail. Until further notice, only the English language is available for the conclusion of user agreements.
11.5 Should individual or multiple provisions or parts thereof of contracts between TB and (contractual) users, of which these General Terms and Conditions form an integral part, be or become invalid beyond the scope of these General Terms and Conditions for reasons other than those specified in Sections 305–310 of the German Civil Code (BGB), this shall not affect the validity of the remaining provisions or parts thereof; rather, TB and the (contractual) user shall be obliged in such cases to cooperate in establishing a new provision that comes as close as possible to the economic intentions of the invalid provisions or parts thereof. their parts; rather, TB and the (contractual) user shall in such cases be obliged to cooperate in the formulation of a new provision that comes as close as possible to the economic intentions of the provisions / parts thereof. The same shall apply in the event of contractual loopholes requiring supplementation. Section 306 of the German Civil Code (BGB) shall remain unaffected.