General Terms and Conditions of Ticketmaster GmbH
(A) Purchase Policy
Our goal at Ticketmaster is to make your purchasing experience easy and efficient, to enable you to book tickets for the event of your choice as quickly as possible. The following Purchase Policy is designed to ensure your satisfaction and understanding of the purchase process at Ticketmaster.
Your account at www.ticketmaster.de
To purchase tickets at www.ticketmaster.de, you need to open a customer account. To do this, you must register once using the corresponding online registration form available on www.ticketmaster.de by entering your correct name, address and e-mail address as well as a user name and password of your choice. Once you have registered, we will e-mail a link to you to confirm your registration. You will then be able to use this login information (e-mail address/username and password) to log on to www.ticketmaster.de and all shop sites with Ticketmaster.de booking integration to buy tickets. You must treat your login information confidentially, not disclose it to any third parties and store it such that third parties are not able to gain knowledge of it, even accidentally. Furthermore, you must not allow any third parties to use your customer account by giving them your login information. Should you have reason to believe that third parties are aware of your login information, or that it has been abused, you must inform us of this fact immediately, in writing or via e-mail. As a matter of principle, you shall be held liable for any and all activities carried out using your customer account, unless you are not responsible for the abuse of your customer account because you did not violate your duty of care. If you order tickets from Ticketmaster over the phone and provide an e-mail address, a customer account is created automatically. You can use the “Forgot password” feature at www.ticketmaster.de to request that a password for your Ticketmaster account be sent to you.
In registering, you accept that all of the data you have provided is correct and complete. Should the data you have provided change after you have registered, you must modify your customer account information yourself without undue delay.
Should you not use your customer account for a period of more than one (1) year, we reserve the right to cancel your registration. You may also request that your customer account be deleted or blocked at any time, provided that no unprocessed orders exist. We will then delete or block your data in accordance with legal regulations.
2. Contractual Parties/Subject of the Contract
Ticketmaster is not itself the organiser of the events offered. They are offered by the respective promoter (venue operator, sports club or institution, as applicable), which is also the issuer of the tickets. More detailed information is available at the box office of the venue or on the website of the respective promoter. A contract with respect to the booked event is only formed between you and the respective promoter. It is subject to the general terms and conditions of the promoter. They shall apply in addition to the Ticketmaster General Terms and Conditions. The promoter will be indicated during the order process. Ticketmaster sells tickets on behalf of the respective promoter as an agent unless it is expressly presented as the promoter itself in an individual case. Consequently, Ticketmaster does not bear the risk of the insolvency or inability to make payments of the respective promoter/provider. Furthermore, this means that Ticketmaster does not determine the prices of the tickets or the allocation of the price categories and does not decide what seats or standing room are/is available nor where. Being an agent Ticketmaster relies on the information provided by the respective promoter and therefore cannot warrant the accuracy of such information, especially regarding availability of seat or standing room.
Policies set forth by the promoter also prevent us from issuing exchanges or refunds after a ticket purchase has been made. We are also not allowed to refund costs for tickets that you lost, got stolen from you, you damaged or destroyed. This does, however, not apply for personalised tickets. When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
All tickets are issued subject to the rules and regulations of the promoter. Breach of any of these rules and regulations or any unacceptable behaviour which is likely to cause damage, nuisance or injury or violates the rules of the respective venue shall entitle the promoter to eject you from the venue.
The promoter reserves the right to refuse admission if you fail to comply with any of the rules and regulations of the promoter. The venue may on occasion have to conduct security searches to ensure the safety of its patrons.
By ordering tickets, you (the buyer) commission Ticketmaster to process the ticket purchase, including the delivery of the tickets.
3. Conclusion of the Contract – Ticket Purchases
You make an offer to conclude a purchase contract regarding the ticket by sending the offer you have entered on the order page by clicking the "Confirm purchase" button. The offer is only accepted by the respective promoter and a contract is only formed between you and that promoter when an order number has been allocated and sent to you by Ticketmaster and payment has been made in full by the due date. Where the payment is not made in full, a contract is not formed.
The venue maps that are occasionally used in the ordering process to choose the places will only be provided for orientation purposes. They are not a true to scale drawing.
Tickets remain the property of the event partner and represent a personal, revocable license. Tickets that have been reported as stolen or lost can be declared invalid at the discretion of the promoter; the licence granted to attend the event is deemed revoked in this case.
4. Details of Events
Ticketmaster cannot verify the details of events appearing on its website, i.e. the event location, start time and content, made available to Ticketmaster by the respective promoter/provider. Ticketmaster assumes no liability for the accuracy of the details provided beyond the stipulations in clause 9. Up-to-date details of the event, in particular on the actual day of the event, must be obtained from the promoter’s or artist’s official online offers or from other generally-accessible sources and the daily press.
5. Payment Settlement and Price Components
The prices for tickets can exceed the printed ticket prices. Ticket prices and fees (see the definition in the paragraph below) include statutory VAT. The total price of the order including all fees is due for payment after placing the order or following conclusion of the contract. The payment methods offered may differ depending on the event. In most cases, payment may be made by credit card (VISA, Amex, Euro MasterCard), by bank transfer or invoice.
For the purchase of tickets, Ticketmaster charges service and postage costs and any fees for using specific payment methods (hereinafter referred to as “Fees”), which can vary according to the event. These fees are advertised or communicated; there are no costs beyond the costs indicated. Optional additional services such as gift wrapping or insurance are, if applicable, offered separately and are invoiced additionally at the advertised price.
When purchasing tickets on Ticketmaster.de, you are limited to a specified number of tickets for each event. This amount is included on the first purchase page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices.
Tickets may be restricted to a maximum number per person. We reserve the right to cancel tickets purchased in excess of this number by one person without prior notice.
You bear the risk that all information provided by you during the ordering process is accurate and that you select the correct event criteria (e.g. event, venue, date, place). It is your responsibility to check immediately after delivery of the tickets, if the information on your tickets corresponds with your order (e.g. regarding event, venue, date, and place). In order to minimize possible damages, you are obliged to inform us about any deviations immediately.
6. Dispatch and Delivery
We will ship the tickets using the shipping method selected by the buyer after the contract has been concluded and the ticket price plus the fees has been paid; for most events they will be shipped within four working days. They may also be dispatched later, as instructed by the respective promoter.
To obtain information on your purchase, please contact us stating the order number that was given to you after placing your order.
If you have not received your tickets within 48 hours before the event, please contact us as soon as possible. All claims for undelivered tickets for which we did not receive a notification in time cannot be considered. This does not apply for such tickets, which you have ordered shortly before the date of the event and which would therefore likely not be delivered 48 hours before the event. In such cases you will offered only such delivery options, which ensure in time delivery before the event (e.g. Express delivery, eTicket). If you have not received your tickets in such cases within the time frame specified with the respective delivery option, please inform us immediately.
In certain cases your ordered tickets can be held at the box office as an equivalent substitute for the originally-chosen shipping method.
7. Cancellation Rights
Insofar as Ticketmaster offers services in the area of leisure events on behalf of a promoter, in particular tickets for events, no distance selling contract arises within the meaning of section 312g para. 2 No. 9 BGB (German Civil Code). A cancellation right is excluded for the ordering of such services.
If the order is not paid in full by the due date, Ticketmaster unilaterally reserves the right to make the tickets reserved by you available for purchase again.
In addition, no cancellation right exists for contracts regarding the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery (Section 312g para. 2 No. 6 BGB).
For contracts regarding the delivery of download products, you expressly agree that the contract enters into force before the cancellation period has expired (as soon as you start downloading the download product) and you confirm that you consensually lose your right to cancel the contract when the performance of the contract begins.
If you have purchased merchandise other than tickets through our website together with tickets under a single contract (as a “bundle”, therefore as a combination product), your right of cancellation applies only to the entire contract.
Insofar as Ticketmaster does not comply with an agreed delivery date, you may set Ticketmaster or the respective promoter/provider a reasonable time extension. After expiry of the time extension you are entitled to cancel the contract through written declaration unless the tickets have been dispatched in the meantime. The cancellation of the purchase cannot be granted if you were duly informed that the tickets were deposited for pick up at the event venue.
If you purchase other merchandise as a voluntary add-on (upsell) or merchandise products without tickets through our website, you are entitled to cancel the purchase contract you have concluded with us within 14 days of receipt (postmark) of the merchandise.
To exercise your right of cancellation, please send a letter to Ticketmaster GmbH in Alt-Moabit 60, 10555 Berlin, Germany, or call +49 (0)30 - 40 818 824 (local rate) or send an e-mail to: firstname.lastname@example.org and provide an clear declaration regarding your decision to cancel this contract. You do not need to tell the reasons for your decision. You can use the enclosed sample cancellation form for this purpose, but its use is not mandatory.
To keep within the cancellation period, simply send your notification of cancellation before the cancellation period ends.
Please send the merchandise to Ticketmaster GmbH, Alt-Moabit 60, 10555 Berlin, Germany.
If you cancel the contract, Ticketmaster is obliged to refund the purchase price of the merchandise (Ticketmaster shall also refund the postage for the original delivery, with the exception of the additional costs resulting from the fact that you chose a shipping method other than the least expensive standard shipping method offered by us) immediately and by no later than fourteen days after the day on which we receive notification of your contract cancellation. To issue the refund, we use the same means of payment as you used for the original transaction, unless explicitly agreed otherwise with you; under no circumstances will you be charged for the refund. We may refuse to issue the refund until the goods have been returned to us or until you have provided proof that you sent the goods back, depending on whichever is earlier.
You must send back or return the goods to us without delay, in any case no later than fourteen days after the day on which you notified us of your contract cancellation. The latter deadline is met if you dispatch the goods before the 14-day period has expired. The direct costs for returning the goods must be borne by you. You do not have to pay for any loss in the value of the goods unless such loss in value is due to you handling the goods in a manner other than is necessary to inspect the composition, properties and functioning of the goods.
Click here to download the sample cancellation form as a pdf file.
Tickets are sold subject to the promoter’s right to alter or vary the programme due to events or circumstances beyond its control without being obliged to refund monies or exchange tickets.
In the case of (a) cancelled or (b) postponed events, you only have a claim against the respective promoter for the reimbursement of the ticket price paid. Any existing claims shall be governed in detail by the relevant legal provisions or where applicable by the general terms and conditions of the promoter to the extent they are applicable to you. The liability for compensation for damages under clause 9 remains unaffected by this.
If, in particular cases, the promoter orders Ticketmaster to carry out a refund of the ticket prices in its name and on its account, Ticketmaster shall inform you of this. However, this does not constitute a claim for reimbursement against Ticketmaster, as Ticketmaster is simply meeting its obligation vis-à-vis the respective promoter.
In the case specified in clause 8 para. 2 above, the reimbursement shall comprise the ticket price as well as any calculated fees.
In contrast to clause 8 para. 2 above, the reimbursement of the ticket prices by Ticketmaster is excluded in case of the insolvency or inability to make payments of the promoter. In this event, the reimbursement is issued exclusively by the promoter according to clause 8 para. 1 above. The liability of Ticketmaster according to clause 9 hereinafter remains unaffected by this clause, number 8.
When you purchase other products through our website, which, unlike tickets, for example, are subject to the right of cancellation pursuant to Section 312g BGB (German Civil Code), you have the right to cancel your contract with us within 14 days after having received our product (postmark). In such case, send back the product purchased on our website to Ticketmaster GmbH, Alt-Moabit 60, 10555 Berlin or (in case of immaterial products like e.g. fan-club memberships), inform us that you want to make use of your cancellation right. For the return of products, we will reimburse you for postage paid for the original delivery, with the exception of the additional costs resulting from the fact that you chose a shipping method other than the least expensive standard shipping method offered by us. This right of cancellation is not granted for ticket purchases.
9. Liability, Compensation
In the event of the loss of life, bodily harm or harm to health that is based on a deliberate or negligent breach of duty by Ticketmaster or a deliberate or negligent breach of duty by one of its legal representatives or vicarious agents, Ticketmaster is liable according to the legal provisions.
For other damages, the following applies:
a) For damages which are based on a grossly negligent breach of duty by Ticketmaster or a deliberate or grossly negligent breach of duty by one of its legal representatives or vicarious agents, Ticketmaster is liable according to the legal provisions.
b) For damages which are based on the breach of fundamental contractual obligations as a result of simple negligence by Ticketmaster, the legal representatives or the vicarious agents of Ticketmaster, Ticketmaster liability is limited to the foreseeable loss which is typical for such contracts and which does not go beyond the value of the item being sold.
c) Claims for damages for other losses in the event of the breach of ancillary obligations or non-fundamental obligations in the case of simple negligence are excluded.
The exclusions or restrictions of liability do not apply if Ticketmaster has fraudulently not disclosed a defect or has given a written guarantee of quality. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
Your claim to reimbursement of futile expenses instead of the compensation claim in lieu of performance remains unaffected by the aforementioned provisions.
10. Breaches of Obligations by Third Parties
Ticketmaster undertakes no liability, going beyond that laid down in clause 9, for acts, omissions or other dealings of third party users, Ticketmaster users, advertising partners and/or sponsors on the website who are connected with Ticketmaster services or the use of the website. Ticketmaster is not responsible for the products, services and other acts and omissions at the event location of the artist, promoter or other third party to whom the website refers or who is otherwise connected with the website.
Equally, buyers can inform Ticketmaster of the misconduct of other buyers, advertising partners and other contractual partners of Ticketmaster using our contact form. Ticketmaster reserves the right to pursue such claims and take any steps at its own discretion, but is under no obligation to do so. No enquiries can be sent through this link relating to an earlier or current order; in order to do this, our online help area must be used.
11. Filming and/or Sound Recording
Ticket holders consent to filming and sound recording as audience members.
The unauthorized use of photographic and recording equipment is prohibited. The deletion or destruction of the recordings made with the respective media may be requested.
12. Visitors’ Duties during the Event
Visitors may be prohibited from using laser pens, mobile phones, bringing animals (with the exception of guide dogs) and consuming food and beverages (please inquire with the venue).
Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
If visitors leave the venue, re-entry may be denied.
13. Limitations Regarding Prohibition of Commercial Use of Tickets
No part of this website may be used for any commercial purposes, unless with the prior written consent of Ticketmaster. You agree that you will not use the ticket you have purchased for advertising, marketing (this also includes sweepstakes and other contests) or other commercial purposes. Moreover, Ticketmaster reserves the right to block your access or not to accept the ticket order if Ticketmaster reasonably suspects that you are using automatic programs for ticket ordering or have ordered tickets above Ticketmaster's legally-admissible maximum number of tickets per person.
Ticketmaster reverses the right to cancel any contract with you in case of a violation against the Terms and Conditions stated above for its own account and that of the promoter. Such a violation can lead to the right to enter the respective event being revoked. The right of cancellation also can declared by the implied conduct of the promoter, e.g. by refusal of access to an event.
Furthermore, in case of a violation against these Terms and Conditions, and if the right of cancellation pursuant to the aforementioned paragraph has been declared, the customer shall incur a contractual penalty in the amount of the ticket price along with Fees within the meaning of clause 5 of these General Terms and Conditions. Any existing compensation claim arising due to this cancellation will be offset against this contractual penalty.
14. Special Provisions for Personalised Tickets
14.1. For certain events, the tickets are personalised, meaning that only the person holding visiting rights has the right to demand access to the event. That person’s name is a component part of the ticket. In the course of the ordering process, these events will be marked with a corresponding notice regarding the personalisation of the ticket. You hereby agree to purchase and use the ticket(s) solely for private use. If personalisation occurs during the purchase process and there is an option to purchase multiple personalised tickets, you will be asked during the purchase process and are obliged to provide the first and last name(s) of the additional person(s) for whom the personalised tickets shall be issued truthfully when you are purchasing the tickets.
The legal validity of the transaction depends on the immediate, truthful and timely provision of the various names of ticketholders upon purchase, as the tickets will be issued immediately following the purchase process in the names that you have provided (“relative Fixschuld” – a “relative obligation to perform at a fixed point in time”). If the same name is provided multiple times during the purchase in violation of the foregoing provision, Ticketmaster reserves the right, for the aforementioned reasons, to cancel the contract immediately without notice (Section 323 para. 2 No. 2 BGB (German Civil Code). You will also be asked to confirm that you have not provided this third-party data in an improper way. The contract is only formed between you and the event promoter. The additional persons named by you are only beneficiaries of this contract and shall receive their own right to attend the event (Section 328 ff. BGB).
If individual events are subject to different rules regarding personalisation, they will be indicated during the sale process or in the terms and conditions of the promoter.
14.2. The right to attend the event is based solely on the contract you have concluded with the promoter (clause 5 & 6). Moreover, your name must be marked on the ticket. As a result of the contract you have concluded with the promoter, third parties for whom you have acquired a personalised ticket are likewise entitled to attend the event. The names of these third parties must be marked on their tickets. Moreover, the right to attend the event shall also be enjoyed by persons who have entered into the contract with the promoter in accordance with the stipulations of clause 14.4. The names of these third parties must be noted on their tickets. An additional pre-requisite for attending the event is that you or the person(s) for whom you have ordered the Ticket, or who have entered into the contract with the promoter in accordance with the stipulations of Clause 14.4 are able to identify themselves at the admission ticket checkpoint by providing a valid passport, personal identity card, driver’s license (specifications of the respective promoter must be observed.
14.3. The promoter is not obliged to demand that the said documents be shown to it at the admission ticket checkpoints in order to be sure that the ticket holder is authorised to attend. The promoter will be free from its performance obligations vis-à-vis its contractual partner if another person has obtained access to the event by presenting a ticket. Only one person is authorised to attend the event per ticket.
15. Transfer and Re-Personalization of Personalized Tickets
15.1. You are entitled to transfer the personalized ticket, i.e. the entitlement to attend the event, to a third party. Following this transfer (Section 398 of the BGB (German Civil Code)), the ticket must be re-personalized to the new holder of the entitlement to attend the event.
15.2. If you want to transfer your ticket to another person (e.g. as a gift), the ticket must be re-personalised. For this purpose, you need to know the name and the complete address and, if requested by the promoter, the e-mail address of the person to whom you want to transfer the ticket. To re-personalise the ticket, unless other rules of the promoter apply, the name of the authorised visitor that is listed on the ticket must be crossed out and replaced with the name of the new visitor in block capitals. In addition, the re-personalisation must be reported to email@example.com, providing the event information, order number and buyer information, as well as the original and the new visitor. After the ticket has been transferred, the ticket no longer entitles you to enter the event.
Tickets can be re-personalized until, at the latest, six (6) hours prior to the start of admission to the booked event.
16. Suspension of Personalized Tickets
16.1. In the event of a violation of the prohibitions set out above in clause 13 or 14, the promoter is entitled to suspend the tickets concerned, against reimbursement of the ticket purchase price, not including the advance booking fee, and to refuse access to the event to the respective ticketholder.
16.2. In the event of repeated infringements against the prohibitions set out above in clauses 13 or 14, the promoter shall be entitled to have Ticketmaster suspend the tickets without any compensation, i.e. without reimbursement of the ticket purchase price paid.
17. Special provisions for Platinum Tickets
When buying Platinum Tickets from Ticketmaster, the following information applies in addition to the other components of this Purchase Policy. If there is any inconsistency between this section and the rest of this Purchase Policy, this section will take precedence for the purchase of Platinum Tickets.
Platinum Tickets are only sold online through this website. The price of Platinum Tickets is set according to demand at the time of purchase, so it may vary. You pay the price displayed at the time you make your purchase, but the price of similar Platinum Tickets may increase or decrease after you have purchased. You will not be entitled to a refund if the price of similar Platinum Tickets subsequently falls. Platinum Tickets are some of the best seats or tickets available for each event, so the numbers of available Platinum Tickets may be extremely limited and can sell out quickly. Occasionally, additional tickets may be available prior to the event, but Ticketmaster does not control the number of tickets or their availability. For details of any fees or other charges that apply to your order of Platinum Tickets, please look for information on the pages where the Platinum Tickets are advertised.
18. Place of Performance and Applicable Law
The law of the Federal Republic of Germany excluding its provisions on conflict of laws (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG) shall apply exclusively.
The sole place of performance for deliveries, services and payment is Berlin, provided you are an entrepreneur in the meaning of section 14 BGB.
If you are an entrepreneur, the exclusive (also international) jurisdiction for all disputes arising from the contractual relationship either directly or indirectly is Berlin. This applies, in the case of cross-border contracts, to non-entrepreneurs; here Ticketmaster GmbH reserves the right to call upon any other internationally-competent court.
19. Final Provisions
If one or more provisions in these General Terms and Condition is or becomes invalid, the remainder of the General Terms and Conditions remain valid and the validity of the contract shall not be affected.
20. Use of this Website
The use of this website is exclusively for private purposes. You are obliged to only use the material on this website to gain information on events or promotions or to purchase tickets and other products for private use. Use of the website beyond these limitations is only possible if you have obtained express permission from Ticketmaster.
You must keep all personal access data to the website (such as your personal password, etc.) confidential and must immediately inform Ticketmaster if you become aware of or suspect any unauthorised use of your user account. In such cases, you also remain liable for the unauthorised use of the website. All declarations of intent submitted under your password or access data shall be valid both for and against you.
The buyer is obliged not to use any Internet bot or web crawler software or to try by any other means (automatically or manually) to monitor or copy this website and its content. You are also obliged not to disrupt the proper functioning of this website in any way whatsoever and particularly not by means of deliberately overloading the system infrastructure of Ticketmaster.
Ticketmaster shall pursue and take reasonable steps under civil and criminal law against any illegal and/or unauthorised use of this website, in particular unauthorised purchase or sale of tickets or unauthorised framing of the Internet Site or the unauthorised application of any Internet bot, web crawler or other software.
21. Intellectual Property
The Ticketmaster logos, design and all other trademarks and logos on this website are protected by Ticketmaster and its business partners as registered or used trademarks. Each of these trademarks or logos may only be reproduced or otherwise used with the express written permission of Ticketmaster or its relevant business partner. The same applies to all content and software of this Ticketmaster website that is exclusively the intellectual property of Ticketmaster and is protected by copyright.
This Internet Site is not suitable for minors. The reservation and booking of tickets or other products is exclusively permitted for persons who are 18 years old and older.
Valid as at: 28 July 2017