Ticket i/O GmbH conditions of use for arranged ticket sales (version 25.9.2023)
Ticket i/O GmbH, Im Zollhafen 2-4, 50678 Cologne, Germany – hereinafter referred to as 'ticket.io’ – operates an online ticketing system and offers event organisers the arrangement of ticket sales, management of sales processes, and dispatch of tickets for all kinds of events. ticket.io is not the organiser of the events offered in this ticket shop. The respective organiser is explicitly stated during the sales process on the tickets purchased and on end customer bills. ticket.io operates solely on the side of event organisers when rendering its services.
The sale of tickets is restricted to consumers of full age and with full capacity to act in line with Section 13 of the German Civil Code and to entrepreneurs in line with Section 14 of the German Civil Code – hereinafter consistently referred to as 'end customers’.
Section 1Scope, definitions
(1) The following conditions of use contain fundamental rules governing the procurement of tickets for different events and the management of the sales process, including dispatch. Once incorporated, they shall apply to all ticket purchases by end customers. Deviating contractual provisions of clients are not accepted, unless ticket.io has given its express written consent.
Upon purchase of a ticket through this ticket shop, end customers and organisers enter into a contract with regards to participation in the event and the event offered. The staging of events advertised through this ticket shop is solely the responsibility of the respective organisers with all rights and obligations.
End customers are expressly informed that the participation in events may be subject to further relevant regulations as stipulated in the terms and conditions of the respective organiser. These regulations must likewise be accepted during the order process insofar as they are made the basis of a ticket sale.
By accepting the check box during the order process, end customers expressly agree to the ticket.io conditions of use. In the event that organisers also introduce further terms and conditions regulating the contractual relationship, end customers shall find a separate check box during the order process, which they will need to accept. End customers must click on this check box in order to purchase event tickets through this ticket shop.
(2) End customers are consumers as long as the purpose of the ordered deliveries and services lies predominantly outside their trade, business or profession. An entrepreneur, on the other hand, is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their independent trade, business or profession.
Section 2Services by ticket.io and contract processing for organisers
(1) In this ticket shop, ticket.io offers events of various organisers. Upon purchasing a ticket, end customers have the right to take part in their chosen event. The organisers are the sole party responsible for participation in the respective selected event. End customers can find details about the events offered on the web page of the respective event organiser.
ticket.io is entitled to negotiate the sale of tickets for all events with end customers and to conclude appropriate contracts, and has received a corresponding power to enter into contracts from the organisers to this end. Thus, ticket.io is also entitled to reject the conclusion of contracts with end customers at any time, regardless of the reason. End customers do not have a general right allowing them to purchase one or more tickets.
Natural and legal persons may purchase tickets; however, natural persons must have full capacity to act. In the event descriptions, ticket.io may stipulate age restrictions that are applicable to participation in one or more events. ticket.io reserves the right to request proof of the full capacity to act.
Section 2 Creation and use of a customer account on my.ticket.io
(1) ticket.io offers end customers the possibility to create a customer account for free on the platform my.ticket.io (https://my.ticket.io). This customer account allows end customers to view their tickets for an event purchased through ticket.io as well as vouchers.
(3) The end customer undertakes to provide correct and truthful information during the registration process. Furthermore, the end customer undertakes to keep safe their password allocated during registration and not to share it with third parties. Should the end customer become aware of the misuse of their customer account, they are obliged to inform ticket.io accordingly by email (via email@example.com) without delay.
(4) End customers may terminate the use of the customer account with immediate effect by submitting a corresponding message to the customer support of ticket.io (reachable by email via firstname.lastname@example.org ), without having to observe a notice period. Upon the end of use, end customers lose the access right to their customer account. End customers are expressly informed that it may be advisable to keep the customer account until after their participation in the last event for which they have bought tickets (e.g. in order to have the option to print out an electronic ticket again). ticket.io assumes no liability in the event that an end customer is unable to use a ticket and/or service due to the premature termination of their customer account.
(5) ticket.io reserves the right to block the customer account of an end customer temporarily or permanently if it is being used by an end customer and/or third party for misuse and/or unlawful purposes. Irrespective of this, ticket.io has the right to terminate the customer account with a notice period of three workdays in the event of misuse by an end customer. Termination shall be declared to the email address last disclosed by the end customer in connection with their last order. The right to termination on important grounds remains unaffected by these provisions.
Section 3 Contract conclusion and ticket use
(1) End customers may choose between different tickets for different events. In this connection, end customers may select whether they wish to save their purchased tickets digitally, print them at home or order them for postal delivery. Moreover, end customers may select different gift wrapping options for their chosen event tickets.
(2) The tickets and services offered do not constitute a binding offer, but serve only to have end customers submit a binding offer to ticket.io. End customers submit a legally binding offer to enter into contract by placing their selected tickets and other goods into the virtual shopping basket, proceeding through the electronic order process, and clicking the button “Order and pay”.
When submitting the legally binding offer to enter into contract, the contract text shall be saved by ticket.io and sent to the end customers, together with these conditions of use, following submission of their order in writing by email.
(3) Prior to the legally binding submission of the offer to enter into contract, end customers may identify possible input errors by attentively reading the information displayed to them on screen. An effective technical means of identifying input errors more effectively includes the enlargement function in the browser used, which enlarges the display on screen. End customers may correct their entries during the order process using the normal keyboard and mouse functions until they have completed the order process by clicking on the button “Order and pay”.
However, the legally binding offer to enter into contract may only be submitted and transmitted if end customers are accepted and admitted to the contractual relationship by clicking on the conditions of use of ticket.io and, if applicable, the additional general terms and conditions of the organisers for the selected event. The contract language is German.
(4) End customers are liable to provide truthful and correct information as requested in the order process. An order is only successful when all mandatory fields have been completed. Any changes to the provided data must be communicated to ticket.io by end customers (by email to support.ticket.io or via the support hotline). In the event that end customers have a customer account on https://ticket.io, changes to data may also be carried out there. End customers have the right to place several orders using the same or several names and to transfer tickets to third parties. End customers are, however, not permitted to sell tickets to third parties at a price higher than the purchase price offered by ticket.io.
ticket.io has the right to review the registered information of end customers for organisers using appropriate measures and to not accept incomplete and/or untruthful orders.
(4) A contractual agreement on the participation in an event is concluded with the organisers if the end customers effect payment of their selected tickets through a chosen payment service provider and receive an automatic email from ticket.io confirming payment. Currently, payment options provided by ticket.io include prepayment, SEPA direct debit, Sofortüberweisung (instant transfer), PayPal, iDeal, ApplePay, GooglePay, SEPA direct debit via PayPal, and credit card. End customers are advised that ticket.io reserves the right to deactivate individual payment options at any time and thereby prohibit further use.
With respect to Sofortüberweisung, PayPal, ApplePay, GooglePay, SEPA direct debit via PayPal and/or credit card payment options, tickets are dispatched electronically via email immediately after purchase is complete. This email re-states the complete order of the ticket purchaser. End customers can print this email via the 'Print' function. This order confirmation also includes a link referring to these conditions of use. ticket.io also saves the contract text.
(5) In the event that end customers have purchased digital tickets, the order confirmation email will contain a link that allows the purchased ticket to be accessed in electronic form and printed out.
In the case of payment by SEPA direct debit or prepayment, end customers first receive a confirmation-of-receipt email after completing the payment process for purchasing a digital ticket. This confirmation-of-receipt email re-states the complete order of the end customers. End customers can print out this email using the ‘Print’ function. When receiving this order confirmation email, the end customers will also receive a link to these conditions of use.
After successful receipt of payment, the end customers will receive an order confirmation email which confirms the booking. In the event that end customers have purchased digital tickets, the order confirmation email will also contain a link that allows the purchased ticket to be accessed in electronic form and printed out.
In the event that end customers have purchased tickets for postal delivery instead of digital tickets, the end customers will likewise receive an order confirmation email directly after completing the purchase process. The tickets will be dispatched to the postal address entered by the end customers during the purchase process following receipt of payment. If the postal tickets do not reach the end customers in time prior to the beginning of an event, the end customers have the possibility to download the purchased tickets as digital tickets via the portal https://my.ticket.io . This requires the creation of a customer account according to section 1 of these conditions of use. Alternatively, the end customers have the possibility to contact the customer support of ticket.io and to request a digital ticket.
(6) End customers are advised that prior to participating in the event for which a ticket was purchased, end customers are obliged to present to the admission staff the ticket purchased via this ticket shop as well as, if requested, a valid identification document (insofar as this is required by organisers in their conditions of use).
(7) Any misuse and/or breach of the ticket.io conditions of use result in the loss of the access right to the event without a right of compensation on the part of the end customers. The purchased ticket shall immediately lose its validity from the point in time when the misuse and/or breach of the conditions of use was established.
End customers are advised that organisers reserve the right to exercise their 'house rules' at any time, to have end customers removed from the event venue, and to ban end customers from re-entering. Following such ban, the ticket purchased by the end customers shall immediately lose its validity.
(8) The validity of the ticket purchased is restricted to the respective event and organisers as well as to the related planned or necessary alternative dates, and expires after the event. Other provisions may apply if organisers regulate validity differently.
(9) Organisers may have reserved the right in their additional general terms and conditions to cancel an event prior to the start and without giving any reasons. Information on the legal consequences resulting from cancellation of an event can be found in the additional general terms and conditions of the respective organisers, as may be applicable. Otherwise, the statutory provisions shall apply.
(10) If end customers lose their ticket or if the ticket is misplaced within their area of responsibility, ticket.io is not liable for providing a replacement.
Section 4Delivery, availability of tickets
(1) If no tickets are available for a selected event at the time of booking, this shall be indicated to end customers during the order process. In this case, end customers cannot place an order. A contract pursuant to section 3 is not concluded in this case.
(2) Tickets are issued in household quantities.
Section 5Retention of title
Until payment in full, the ticket remains the property of the organisers. Seizures, insolvency, damage and loss of tickets must be communicated to ticket.io or the respective organisers promptly.
Section 6Prices and shipping costs
(1) All prices offered in this ticket shop are inclusive of the applicable statutory value added tax. Prices of the tickets offered are indicated as 'incl. VAT'. The amount of VAT included in the final price is included in the price list prior to sending the order.
(2) The applicable shipping costs are indicated to end customers for the individual products and during the order process. They are to be borne by the end customers.
(3) During the order process, end customers are advised of all applicable costs to be paid by them as part of the arranged ticket sale. The total price shown during the order process includes the ticket price plus processing fee and VAT. There are no further hidden costs or fees for end customers.
(4) End customers are further advised that during ticket purchase through ticket.io, additional costs may be charged by the end customers’ respective Internet service provider for the provision of an Internet connection.
Section 7Payment options
(1) End customers can make use of the payment options PayPal, Sofortüberweisung (instant transfer), SEPA debit, prepayment, iDeal, ApplePay, GooglePay or credit card. No further costs are incurred by end customers for the performance and processing of various payment options and their respective billing.
(2) The purchase price must be paid immediately after end customers have clicked the 'Purchase' button. In case of delayed payment, the statutory provisions apply.
(3) The legal regulations apply in the event of late payment.
The legal guarantee regulations shall apply.
Section 9Right to withdraw
If end customers are in default with the general terms and conditions, ticket.io has the right to withdraw from the contract concluded with the end customers after unsuccessful expiration of a grace period.
(1) ticket.io is fully liable for loss of life, bodily injury or damage to health resulting from a breach of duty through ticket.io as well as for damages caused through loss of guaranteed quality by ticket.io. ticket.io guarantees to continuously review the qualities of third-party performances, at any time, and, if need be, to take respective counter-measures. ticket.io cannot be held accountable for mistakes and erroneous qualities caused by third parties which ticket.io cannot influence, such as server and email system downtimes.
In the event of slight negligence, ticket.io is only liable if material contractual obligations (cardinal duties) have been breached. Cardinal duties are those which must be fulfilled in order for the contract to be properly executed, which jeopardise the contract purpose if breached, and which the contractual partners can duly rely on being upheld. In this case, the liability of ticket.io is limited to typical, foreseeable damages.
(2) ticket.io is not an organiser of any of the events offered in the ticket shop and cannot be held accountable as the organiser for damages that may arise in connection with an event.
(3) ticket.io is not liable for damages (in particular, for personal injuries and damage to property) culpably caused by end customers while on the premises of an event. End customers shall indemnify and hold ticket.io harmless from any unjustified claims of third parties including from all legal costs and expenses.
(4) ticket.io is not liable for bodily injuries suffered by end customers during their event visit when caused by their own fault.
(5) ticket.io is not liable for damages and/or loss of property and objects which end customers brought onto the event premises and/or abandoned and/or forgot during their visit.
(6) ticket.io is not responsible for untruthful information provided by organisers about the performance or cancellation of an event, nor for event changes. Organisers are solely responsible for the content, integrity and accuracy of the information.
(7) ticket.io does not assume responsibility if one of the events regulated by this agreement cannot be performed or must be cancelled as a consequence of force majeure.
(8) The aforementioned liability restrictions further apply to companies affiliated with ticket.io (except for the organisers of the respective event) as well as to personal liability of staff members, employees, co-workers, representatives, shareholders, and vicarious agents of ticket.io and/or companies affiliated with ticket.io.
Section 11 Availability of services offered
(1) ticket.io is committed to provide end customers the tickets offered and other services in this ticket shop at any time and in full. However, ticket.io is not liable for uninterrupted use or accessibility of the tickets and services offered, neither for transmission delays, faulty transmissions or storage failures or for any restrictions of the offered products and other services on the domain ticket.io. It is expressly pointed out that during required maintenance works on the web page, the offer and/or individual services may be interrupted.
(2) ticket.io reserves the right to restrict the products and other services offered, at any time and without reason, fully and/or partially and/or to restrict their availability.
Section 12Cancellation of purchases and right to a refund following a distance sale
ticket.io offers tickets to recreational events on specific dates / during specific time frames on the website www.ticket.io. In accordance with Section 312g Para 2 line 1 no. 9 of the German Civil Code, these ticket offers are not distance sale contracts. Cancellation of an agreement or the right of refund in line with Section 312g Para. 2 line 1 no. 9 of the German Civil Code is precluded.
Section 13Data protection
Section 14Online dispute resolution as per Art. 14 Para. 1 of the ODR Regulation
The EU Commission provides an online dispute resolution facility through an online platform. This platform can be accessed via the external link: https://ec.europa.eu/consumers/odr/ .
There is no obligation on the part of ticket.io to participate in arbitration proceedings under Section 36 Para. 1 No. 1 of the Consumer Dispute Resolution Act (VSBG), nor is this option even offered.
Section 15Final provisions
(1) End customers expressly accept that transactional declarations of ticket.io shall be communicated to them via email. Emails are considered delivered when saved accessibly in the email mailbox of end customers or the email mailbox of their Internet provider.
(2) Should one of the above conditions of use be or become invalid and/or incomplete, this shall not affect the validity of the remaining conditions of use.
The invalid and/or incomplete condition shall be replaced by a provision that comes as close as possible to the intended purpose of the invalid and/or incomplete provision. The same applies accordingly to contract omissions.
(3) The law of the Federal Republic of Germany applies. Irrespective of the preceding provision on the choice of law, consumers with a usual residence outside the Federal Republic of Germany may also always invoke the right of the state in which they have their residence.
(4) If end customers are a merchant, a legal entity of public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between end customers and ticket.io shall be Cologne.