Preamble
TixCom sells tickets as an agent, on behalf of the organizer. By placing an order the buyer instructs TixCom to handle the sale of the ticket. TixCom does not appear as an organizer itself and is not the organizer of the events on offer, unless a particular event is marked by a special note saying otherwise.
The events are organized by the respective organizers, who make the tickets available. By acquiring the tickets the buyer enters into a contractual relationship with the respective organizer. The general terms and conditions of that organizer apply to it.
§1 Scope
The following general terms and conditions apply to all orders and contracts concerning the agency of tickets.
§2 Conclusion of the contract and cancellation
- The user counts as a customer as soon as the order has been submitted electronically and stored as such in the system. The contract between the customer and the respective contractual partner comes about when TixCom assigns an order number and sends it to the customer.
- We are entitled to make use of a unilateral right of withdrawal and to cancel an order that has already come about, should the customer act against conditions set by the organizer or by us. Sections 346 ff. of the German Civil Code apply to this right of withdrawal, with the exception of section 350.
§3 Prices and terms of payment
- The prices on the website may exceed the prices printed on the tickets. Statutory value added tax is included in the price. The total amount of the order including all fees is due immediately after the contract is concluded and is payable without deductions.
- Service and delivery fees are charged with the order and may differ depending on the event and the organizer. The fees are shown in the basket while the order is placed. No further costs arise.
§4 Rights of withdrawal and return
Where TixCom offers services in the field of leisure events on behalf of the organizers, in particular admission tickets for events, there is no distance selling contract within the meaning of section 312b of the German Civil Code. There is therefore no right of withdrawal and no right of return, and every order of admission tickets becomes binding immediately upon confirmation and obliges the customer to accept and pay for the tickets ordered.
Instructions on withdrawal
If an item (for example a CD, a T-shirt, a poster) is handed over to you with your order, you may withdraw your contractual declaration within one month without giving reasons, in text form (for example letter, fax, e-mail) or, if the item is handed over to you before the deadline expires, by returning the item. The withdrawal then concerns the items handed over with your order alone. The period begins after you receive these instructions in text form, but not before the goods reach you, and not before we have fulfilled our duties of information under section 312c (2) of the German Civil Code in conjunction with section 1 (1), (2) and (4) of the BGB-InfoV, as well as our duties under section 312e (1) sentence 1 of the German Civil Code in conjunction with section 3 of the BGB-InfoV. The return of the original tickets and the refund of the ticket price in the event of a cancellation or a postponement follow the rules of the respective organizer. A reversal without the original tickets being presented is excluded. Admission tickets that have been destroyed or lost by the customer are as a rule neither replaced nor refunded. Sending the withdrawal or the item in good time is enough to meet the deadline. Consignments sent carriage forward are as a rule not accepted. The withdrawal or the return of the item is to be addressed to:
By post:
Andreev Bratuhin GbR
Balger Hauptstr. 90
76532 Baden-Baden
By e-mail: info@tixcom.de
Consequences of withdrawal
In the event of an effective withdrawal, the performances received by both sides are to be returned and any benefits derived from them (for example interest) surrendered. If you are unable to return the performance received, or able to return it only in part or in a deteriorated condition, you must compensate us for its value. Where items have been handed over, this does not apply if the deterioration of the item is due exclusively to its examination, of the kind that would have been possible for you in a shop. You owe no compensation for a deterioration caused by using the item as intended. Items that can be sent by parcel are to be returned at our risk. You bear the cost of the return if the goods delivered match those ordered and if the price of the item to be returned does not exceed 40 euros, or if, at a higher price, you had not yet rendered the counter-performance or an agreed part payment at the time of the withdrawal. Otherwise the return is free of charge for you. Items that cannot be sent by parcel are collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your declaration of withdrawal or the item, and for us when we receive it. You have no right of withdrawal if, on the delivery of shrink-wrapped or sealed data carriers such as a CD or a DVD, the seal has been broken.
§5 Delivery of a different item
We ask you to check the tickets delivered immediately upon receipt. For tickets delivered in error you receive a free replacement against the return of the tickets already delivered, provided you inform us in writing without delay after the consignment reaches you.
§6 Warranty
Warranty claims of the customer regarding the performance of the services arranged by Vipbilet on behalf of a respective organizer (advance ticket sale) exist exclusively against that organizer. Furthermore, Vipbilet is not liable for the actual staging and/or organization of the event, or for the refund of ticket prices paid in the event of cancelled or postponed events. Vipbilet is likewise not liable for damages arising from and through this.
§7 Duties of cooperation of the customer
The customer is to ensure, at their own expense, that the necessary hardware, any additionally required software and a working internet connection are available. The customer is to ensure that printing consumables are renewed regularly, so that their printer can produce proper printouts at a minimum resolution of 300 dpi.
After placing an order as a guest, the customer is assigned a basket number for that order. The customer ensures that the basket number is not made accessible to any third party and bears full responsibility for all actions carried out using their basket number. They undertake to inform TixCom without delay of any misuse of the basket number and of any other breach of security rules.
§8 Final clause
The law of the Federal Republic of Germany applies exclusively. The sole place of performance for delivery, service and payment is Hamburg. If the customer is a merchant, the exclusive place of jurisdiction (including internationally) for all disputes arising directly or indirectly from the contractual relationship is Hamburg. In the case of cross-border contracts this applies to non-merchants as well. We reserve the right to call upon any other internationally competent court.