General Terms & Conditions: x-why-z Konzertagentur GmbH & Co. KG, Ostermoorweg 70a, 25474 Bönningstedt (hereinafter referred to as x-why-z)

§1 Scope and contractual relationship

(1) The following General Terms and Conditions (hereinafter referred to as “GTCs”) apply to all shows where x-why-z is the event organiser. These GTCs govern the relationship between x-why-z and you as a ticket buyer and event visitor (hereinafter referred to as customer). The GTCs are an integral part of the contract regarding the purchase of admission tickets (hereinafter referred to as tickets). The authoritative version of these GTCs is the most up to date version that is valid at the time of the conclusion of the contract. By purchasing the ticket, the customer acknowledges that they are aware of these GTCs and accepts them as binding.

(2) According to these GTCs, consumers are individuals with whom a business relationship is established without any commercial or independent professional activity being attributable to those persons. According to these GTCs, entrepreneurs are natural or legal entities or legally authorised private companies with whom a business relationship is established and who are performing commercial or independent professional duties. According to these GTCs, customers are both consumers and entrepreneurs.

(3) Differing, conflicting or supplementary General Terms and Conditions shall not, even upon knowledge thereof, become part of the contract, unless their application is expressly agreed to in writing.

(4) In addition to these GTCs, the General Terms and Conditions (including the house rules) of the relevant venue owner / operator shall also apply at each respective venue. The customer acknowledges these.

§2 Conclusion of contract and payment terms

(1) Tickets for events organised by us can be purchased exclusively through our authorised sales partners (including Eventim, Ticketmaster, Easy-Ticket, München-Ticket and their affiliated retail outlets) and our website. Tickets purchased via unauthorised dealers, so-called resale platforms (including Viagogo, Seatwave, Seetickets, Stubhub, etc.) or Internet auction houses (including Ebay) do not entitle the purchaser to enter the event.

(2) Our offers are subject to change. Technical as well as other changes remain reserved, within reasonable limits.

(3) By placing an order, the customer makes a binding contractual offer. The confirmation of receipt does not constitute a binding acceptance of the order. We reserve the right to combine the notification of acceptance with the confirmation of receipt.

(4) We are entitled to refuse acceptance of the order - for example, after proofing the customers creditworthiness – or, when infringements of specific conditions referred to during the sale have occurred, or attempts to circumvent these conditions have taken place (e.g. through the registration and usage of multiple user accounts). We reserve the right to limit the quantity of the order to that of a standard amount for a household.

(5) The contract shall be concluded with the proviso that, if we ourselves are not correctly or properly supplied, we shall not be obliged to perform the contract, or, will only partially perform the contract. The customer will be immediately informed in cases of non-or partial availability of services. Any advance payments will be refunded without delay.

(6) The prices to be paid may exceed the printed ticket prices due to the customers booking of additional services or service features. Payment is possible with various payment methods. VAT is included in the price. The total price of the order including all fees is due upon conclusion of the contract. In the case of the “via transfer” (prepayment) payment method, the total price is to be transferred in its entirety to the account of x-why-zs assigned and authorised trading agent, for orders made via our website, to wlec white label eCommerce GmbH.

(7) Service and delivery costs will be charged for orders placed via our website and the call centre. These charges will be indicated to you in the shopping cart whilst placing your order or communicated by phone. No other additional costs that have not been mentioned are incurred.

§3 Retention of title

(1) For consumers, we reserve the right of ownership of the goods until full payment of the purchase price. For entrepreneurs, we reserve the right of ownership of the goods until the full payment of all claims arising from the current business relationship.

(2) The customer is obliged to notify us immediately of any third-party access to the goods, e.g. in the event of a seizure, as well as of any possible damage to, or, destruction of the goods. The customer is obliged to notify us immediately of any change in ownership of the goods or any changes to their own place of residence.

(3) We are entitled to withdraw from the contract and demand the return of the goods in the event of contractual infringements on the part of the customer, particularly regarding cases of default in payment.

§4 Right of withdrawal

The purchase of tickets for events is not considered a distance contract in accordance with § 312b of the German Civil Code. This means that a right of withdrawal and a right of return do not exist. Every order of tickets from wlec white label eCommerce GmbH in the name of x-why-z is immediately binding following confirmation by mail and obligates the customer to accept and pay for the tickets ordered.

The following applies to the purchase of goods:
(1) The consumer shall have the right to withdraw his declaration of intent to conclude the contract within two weeks after receipt of the goods. This withdrawal does not need to be justified and can be declared to us in writing or by returning the goods to us; the timely dispatch of the goods shall be sufficient to observe the deadline. The right of withdrawal does not apply to goods dispatched in the form of a file sent by electronic means. Furthermore, the right of withdrawal does not apply to the delivery of audio / video recordings or software if the delivered data carriers have been unsealed by the customer. Furthermore, the right of withdrawal does not apply to contracts for the delivery of goods which are made according to customer specifications or which are clearly tailored to personal requirements or which are not suitable to be returned due to their condition or are easily perishable or would be past their expiration date.

(2) When exercising their right of withdrawal, the consumer is obliged to return the goods if the goods can be sent by parcel. When exercising their right of withdrawal, the consumer bears the cost of the return for orders up to a value of €40.00, unless the goods delivered do not correspond to the goods ordered. The consumer does not bear the cost of the return for orders where the value exceeds €40.00.

(3) The consumer shall pay compensation for any decrease in value the goods have suffered in accordance with their intended use. The consumer may examine the goods carefully and thoroughly. Any decrease in value caused by usage beyond mere examination of the goods resulting in goods being no longer fit to be sold as “new” shall be borne by the customer.

§5 Special provisions for limited ticket purchases, restrictions on the transfer of tickets

(1) For reasons of fairness and to prevent the emergence of black market trading, the maximum number of purchasable tickets per person is limited. For these events, it is only possible to purchase the maximum amount of tickets indicated to you during the order process. The purchasing of more than this number of tickets by one person e.g. via registration with multiple e-mail addresses or other workarounds is expressly prohibited.

(2) You hereby agree to purchase and use the tickets solely for private use. Any professional or commercial transfer of the ticket without the consent of x-why-z is expressly prohibited.

In particular, you are not permitted to:
a) offer tickets for re-sale within the framework of any online auctions not authorised by x-why-z.
b) sell tickets to third parties to make a profit or to sell tickets on behalf of a third party to make a profit from the mediation of the transaction.
c) sell tickets for publicity purposes, offer them as a promotional gift, as a prize or as part of a travel and / or VIP package.
d) sell tickets in front of the venue.

(4) The ticket solely admits the authorised first purchaser (i.e. you or respectively, those persons to whom you have transferred the online ticket for private purposes and without the intention of making a profit) to enter the event. Multiple use of the online-ticket is expressly prohibited.

§6 Consequences of violating restrictions in §5

(1) For each case of a culpable violation of the restrictions in §5, x-why-z can demand the payment of a reasonable contractual penalty up to a maximum of € 7,500.00. Any further damages claims shall remain unaffected. Any penalty paid will be offset against damages claimed.

(2) For any case of a culpable violation of the restrictions in §5, x-why-z reserves the right to;
a) deny you access to the event or to exclude you from it.
b) refuse to sell you tickets in future.
c) freeze any tickets you have already purchased, thus making them invalid.

§7 Special provisions for the purchase of personalised tickets

(1) Tickets are personalised for certain events, meaning, the name of the person authorised to enter the event is an integral part of the ticket. Events such as these are specifically indicated during the order process and contain a separate notice regarding the personalisation of the ticket. Additional GTCs apply to these events which must be confirmed during the order process. The special provisions for limited ticket purchases and restrictions on the transfer of tickets according to §5 apply.

§8 Return of event tickets/ purchase price refund

(1) A claim to return event tickets and receive a refund of the purchase price exists solely in the event of the cancellation or postponement of events. Changing the location of the event and / or changing the supporting program does not entitle the customer to the return of tickets.

(2) The entitlement to a refund of the purchase price within the meaning of §8 is to be asserted
- in cases where the event is cancelled without any further dates being scheduled, no later than (4) weeks after the date of the cancelled event.
- in cases where the event is transferred to another date, no later than 24:00 of the day before the replacement event.

(3) In case of a cancellation of the event or its rescheduling to another date, upon presentation of the original ticket, the customer will be reimbursed the full purchase price of the ticket only, minus any delivery and handling fees. Travel and/or accommodation costs will not be refunded.

(4) The customers right to withdraw from the contract due to a failure on the part of x-why-z to honour its statutory obligations remains unaffected. However, the assertion of damages and/or reimbursement of expenditures claims is subject to the provisions of §9.

§9 Liability limitations and exemption

(1) In case of slightly negligent breaches of obligations our liability is limited to the foreseeable, contract-typical and direct average damages. This also applies to slightly negligent breaches of obligations by our legal representatives or vicarious agents. With respect to entrepreneurs, liability for slightly negligent breaches of immaterial contractual obligations shall be completely ruled out.

(2) The above limitations of liability do not affect the customers claims arising from product liability. Furthermore, these limitations of liability do not apply in cases of physical injury, damage to health or loss of life of the customer attributable to us.

(3) If we provide access to other websites via links, we are not responsible for the content contained therein. We do not claim the third-party contents of these sites as our own. We will immediately block access to external websites if we become aware of illegal content on these sites.

(4) The customer exempts us from any compensation claims involving damage caused to the customer by a third party - irrespective of whether such acts are deliberate or attributable to negligence.

(5) x-why-z is not liable for travel and/or accommodation expenditures.

§10 Customer obligations when attending the event

(1) Dangerous items such as gas containers, pyrotechnic articles (e.g. flares, fireworks or sparklers), laser pointers, weapons of any kind as well as articles that can be used as projectiles - particularly bottles and cans - must not be brought to any event.

(2) Audio recorders, film, photo or video cameras must not be taken into or operated during the event. Recordings of any form are prohibited - every abuse will be prosecuted.

(3) In the event of a violation of paragraph §10(2) x-why-z and its employees are entitled to confiscate any recording devices and cameras and retain them for a fee until the end of the event. Any films or other recordings of any kind on which parts of the event are recorded may be confiscated and stored by x-why-z. These will be returned to the owner, if the owner agrees to the deletion of any such recording prior to the return of the storage medium.

(4) x-why-z reserves the right to refuse the customer entry to the event or to exclude them from the event in cases where the person concerned is in violation of the preceding paragraphs.

§11 Audio - and / or visual recordings made by the organiser

(1) In cases where audio and / or visual recordings of the event are carried out by persons authorised to do so, e.g. radio or television recordings, the customer agrees that they may be recorded with images or words and that these recordings may be copied, distributed, and publicly reproduced without any claim to compensation on behalf of the customer, provided this is not contrary to their legitimate interests.

§12 Data protection, data usage

(1) The customer expressly agrees to the collection, processing and use of their personal data. x-why-z may use the customers email address to send service announcements and newsletters regarding upcoming events. The customer has the right to revoke their consent at any time, with future effect. To unsubscribe from service announcements or the newsletter, the customer can write to or simply use the unsubscribe link provided in our newsletter and service announcements.

(2) The customer has been informed about the nature, extent and purpose of the collection, processing and use of personal data necessary for the completion of orders. The disclosure of your data via sale, rental or exchange will not take place (see “data protection”).

§13 Final provisions

(1) The law of the Federal Republic of Germany shall apply. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law is valid in as much as the granted protection is not withdrawn through the compulsory regulations of the law of the state in which the customer is usually resident. The provisions of the UN Sales Convention (CISG) shall not apply.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of authority for all disputes arising from this contract shall be the seat of our headquarters. The same shall apply, if the customer does not have a general place of authority in Germany or if their residence or permanent address is not known at the time the legal action is taken.

(3) If individual provisions of the contract with the customer, including these General Terms and Conditions are or become invalid in whole or in part, the validity of the remaining provisions shall hereby remain unaffected. The whole or partially invalid provision shall be replaced by a provision whose economic purpose comes as close as possible to that of the invalid provision.

- August 2017 -
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