General terms and conditions of business
The following general terms and conditions apply to the entire online offering of www.kontramarka.de (hereinafter referred to as the website), represented by Roman Krutyanskiy (hereinafter referred to as the operator). They also apply to telephone orders via the telephone number stated on the website, but also via the option provided on the website for immediate contact with customer service (chat, Skype, etc.). Operator reserves the right to change these general terms and conditions at any time. The changes come into force as soon as they are published on the website. The operator reserves the right to change or discontinue the website in whole or in part at its own discretion and without prior notice.
1. Contracting Parties
The operator is not the organizer of the events displayed on the website, but merely sells the tickets or other services offered on behalf of the respective organizer as an agent or commission agent. By purchasing the admission ticket, a contract is concluded between the customer (card holder) and the respective organizer, although the general terms and conditions of the respective organizer may also apply to this legal relationship.
There is therefore no contract between the customer (cardholder) and the operator regarding the event visit. The respective organizer is solely responsible for the fulfilment of the services offered. The operator therefore does not bear the risk of the organizer becoming insolvent.
2. Conclusion of contract
2.1 The binding offer to conclude a contract is made by the customer as soon as they have clicked on the "Buy" button (in other languages accordingly) or the clearly labelled button in accordance with Section 312j (3) BGB. A contract between the customer and the respective contractual partner (organiser or, in rare cases, operator) is only concluded when the order number is allocated and sent to the customer by the operator.
2.2 If an order is placed by telephone, the customer submits the binding offer by telephone. During the telephone call, the customer is informed of the total amount and the transaction number of the order, which represents the operator's acceptance of the offer. The operator will also send the confirmation of receipt together with the invoice by email if the customer has provided their email details correctly and at all during the telephone call.
2.3 After the operator has accepted the customer's offer, the customer is obliged to accept and pay for the tickets.
2.4 The operator is entitled to cancel an order from the customer for which a confirmation of receipt has already been made (unilateral right of withdrawal) if the organizer is unable to provide the services owed due to simultaneous orders received, sold-out quotas, force majeure, or other reasons fulfil.
2.5 The customer is responsible for the data entered online or transmitted by telephone regarding the desired event (event itself, date, location, location), about himself (name, address, contact details), as well as the order details (shipping, payment). ). The customer is obliged to check the event data on the tickets to ensure that they match the order immediately after receiving the tickets. Any deviations must be reported to the operator immediately.
2.6 The operator reserves the right in rare cases to exclude the customer from concluding a contract. This cannot, for example, be based solely on the customer's payment history.
3. Information about events
3.1 The information about the events contained on the website, such as venue, event time, event content, etc., is made available to the operator by the respective organizer, without the operator being able to check this information. The operator can therefore assume no liability for the accuracy of this information.
3.2 The seating plans that may be displayed, including those intended for seating selection, do not represent a true-to-scale representation of the event location, but are intended for orientation purposes only.
3.3 Current event data must be checked, especially on the day of the event, using the Internet offers or appearances of the organizers or artists or other generally accessible sources and the daily press.
4. Right of withdrawal/cancellation
When ordering tickets for the leisure events, according to Section 312g Paragraph 2 No. 9 BGB, there is no distance selling contract within the meaning of Section 312b BGB. This means that the customer's two-week right of cancellation and return, which is legally provided for distance selling contracts, is excluded by a legal exception.
Every order is therefore binding for the customer after acceptance by the operator. If no payment has been received after 5 working days when ordering with the advance payment method, the operator is entitled, but not obliged, to withdraw from the contract and cancel the order. If the event takes place within the next 5 working days, this period is shortened so that payment should be determined before the start of the leisure event.
5. Payments and retention of title
5.1 Payment can currently be made using credit cards Visa and/or MasterCard, PayPal, Sofort (Klarna) or via the usual bank transfer (advance payment). If the order is placed by telephone, the payment method is always preselected as a bank transfer (advance payment) and can later be changed by the customer to credit card or Sofort (Klarna) in their own customer profile.
5.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined according to the calendar, the customer will be in default by missing the deadline.
5.3 If the customer is in default of payment, the operator is entitled to charge flat-rate reminder fees from the first reminder as default damages amounting to EUR 5 per reminder. The customer has the right to prove that no damage occurred at all or that it was significantly lower than the flat rate.
5.4. The tickets remain the property of the organizer until full payment has been made by the customer. If a payment that has already been made is debited back, the customer is obliged to return the tickets immediately. In this case, the customer also bears all costs incurred as a result of the chargeback.
5.5 If the payment is made from a foreign account or from an account with a currency other than Euro, the customer assumes all costs associated with the transaction.
5.6 Invoices, reminders, credit notes or other accounting-related correspondence are sent exclusively electronically.
6. Vouchers
The operator grants the use of the vouchers (also called voucher codes) that he has previously specified on his site. Each voucher code represents a fixed voucher amount or a percentage discount. The voucher code must be entered during the ordering process. Subsequent use is not permitted. Billing only takes place against the ticket amount, but not against other services such as postage, shipping, etc. Each voucher or voucher code can only be used once, unless otherwise agreed. If any credit remains after this use, it will automatically expire for one-off codes or can continue to be used for debit codes. Each voucher code must be valid. If the voucher loses its validity, the possible amount automatically expires. A pay-out in parts or in whole is excluded.
7. Shipping and delivery
7.1 Shipping takes place to the address provided by the buyer unless collection at the box office or the transmission of an electronic ticket has been agreed.
7.2 The time of delivery depends on the delivery and payment method chosen, as well as the specifications of the respective organizer. The delivery of the ordered tickets will be initiated upon receipt of payment by the customer at the operator unless a different method of delivery has been agreed with the customer. Deviating from this point, shipping can take place later if the organizer sets a later start date for shipping. In this case, the operator endeavours to publish relevant information on the website.
7.3 If you have not received tickets that have been booked and paid for and cannot be picked up at the box office within 14 (fourteen) days of booking, we ask you to inform the operator of this fact immediately.
7.4 If the ordered tickets are lost in transit, the operator will, after the consent of the respective organizer, issue you a replacement in the form of proof of payment, which you can submit to the organizer on the day of the event. If the organizer does not agree to this procedure, claims for loss of tickets must be asserted against the respective organizer.
7.5 The customer has the opportunity to place a new order within one hour of placing the order, for which no shipping costs will be charged. This possibility is only granted if the customer pays both invoices, but not if the first invoice is cancelled for any reason. In any case, the customer must pay the shipping costs at least once, unless there is another one-off agreement that does not apply in the future that the shipping costs are omitted.
8. Unavailability of tickets
When ordering tickets, it is not the operator but the respective organizer who becomes the buyer's contractual partner. If the organizer cannot provide the operator with tickets to process the concluded contract because the contingent of tickets has been exhausted, the event is postponed or cancelled, or the tickets are not available for other reasons, the operator can no longer process the order carry out on behalf of the organizer. The operator will inform the customer of this on behalf of the organizer. Both the operator for the organizer and the customer can then withdraw from the contract.
9. Refund for cancelled/postponed events
9.1 In the event of cancelled or postponed events or in the event that tickets are not available, the buyer's claims for reimbursement of the price/amount paid only apply to the respective organizer. Existing claims are governed in detail by the law or, if necessary, additionally by its “General Terms and Conditions”, provided that these have become valid for the customer. The customer should definitely find out more about this on the organizer's website or by calling the organizer.
9.2 If the organizer has agreed this with the operator in individual cases, the operator of the website is responsible for processing the reimbursement of the ticket price on behalf of the organizer in the organizer's name and on his account. However, this does not give the buyer any right to a refund from the operator.
The refund usually includes the ticket price plus shipping costs (with the exception of the additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery we offer). Amounts for additional services, such as registered mail, credit card fees or others, are not part of the refund, as these were not absolutely necessary when ordering the cards and represent payment for additional services. If the relevant services were not provided, the buyer is also entitled to reimbursement for these services.
9.3 The reimbursement of the ticket price by the operator is always excluded in the event of the organizer's insolvency. In this case, the buyer can assert his rights against the organizer directly or, if necessary, against the respective insolvency administrator.
9.4 If the refund is to be made by the operator, the operator reserves the right to carry out the refund in the same way as the deposit was made. This right is exercised depending on technical availability, agreement with the respective organizer and other circumstances.
9.5 If the customer has received the hard tickets from the operator (i.e. the opposite of eTickets), the refund will only be made after the hard tickets have been returned to the operator. The customer has the right to prove the invalidity of the tickets in another way, such as by sending a photo in which the cut/torn tickets are clearly visible.
9.6 Admission tickets that were brought to the customer through a competition, raffle or similar marketing measure cannot be exchanged and/or refunded.
10. Warranty/Liability
If an event is defective and the operator is not responsible for this defect, warranty claims can only be asserted against the organizer. The operator is not liable for the actual implementation of the event or for the reimbursement of ticket prices paid in the event of cancelled or postponed events. The operator is also not liable for any damage resulting from this.
The operator is liable for damages in accordance with statutory provisions and only in cases of intent or gross negligence. However, the claim for damages for the breach of essential contractual obligations is limited to the contract-typical and foreseeable damage.
The operator assumes no liability for the behaviour of third-party users. The operator is not responsible for the acts and omissions of the venue, artists, organizers or other third parties referred to on the website or which are otherwise connected to this website.
11. Communication
The customer agrees that any communication with or from the operator can take place in electronic form - e.g. email. This applies in particular to details of the order, payment and the service ordered. The operator is not liable for cases in which communication was not possible due to the influence of third parties. This includes, among other things, the customer's email provider spam settings.
12. Data Protection
All data entered by the customer (address, credit card and account information, etc.) is treated confidentially. Data will not be passed on to third parties unless the data is needed to fulfil the order by the contractual partner. Otherwise, the provisions of the data protection guidelines listed on the website apply.
13. Final provisions
If one or more points of these General Terms and Conditions are or become invalid, this will not affect the validity of the General Terms and Conditions and the validity of the rest of the contract.
The sole place of fulfilment for deliveries, services and payments is Berlin, insofar as the buyer/orderer is an entrepreneur. The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
I have read these terms and conditions and the data protection regulations and hereby agree to them.
As of January 1st, 2024