These are the general terms and conditions for the sale and brokering of admission tickets, other products and services, and participation in our events.
1 Contractual Basis.
1.1 Validity of the General Terms and Conditions.
These General Conditions govern:
(a) the sale of admission tickets or other admission rights, as well as other services and products tramit
and Nobody Media GmbH, Sachsenplatz 3, 01623 Lommatzsch, (hereinafter "Spencerhill Universe"),
(c) participation in events
1.3 Validity of the organizer*s GTC.
(a) Execution of Events.
The Events are mainly organized by other organizers and not by Spencerhill Universum. The contract for participation in the event is concluded between the ticket buyer and the Organizer on the basis of separate GTC of the Organizer. In this regard, Spencerhill Universum acts only as an intermediary for the purchase of tickets on behalf of or as a commission agent for the Organizer. The issuer of the ticket is the respective Organizer.
(b) Validity of the provisions for participation in the event referred to in Article 9. The provisions for event participation set forth in Article 9 of these GTC shall apply only to the extent that (i) the Organizer does not provide its own Organize*s GTC to govern the relevant points; in case of contradictions, the Organizer*s GTC shall take precedence, or (ii) Spencerhill Universum itself acts as the Organizer in the individual case; this shall be indicated separately at the time of purchase of Tickets.
2. Conclusion of Contract.
2.1 Event Details. With the exception of events owned by Spencerhill Universum, information on the website and in other announcements about events, particularly the location, start of the event, or content of the event, is provided by the respective organizers (hereinafter collectively referred to as "organizer information") without Spencerhill Universum being able to verify such information. The contractual offer is made on this basis.
2.2 Corrections. Buyer assumes the risk of entering or specifying information correctly in the order process, particularly with respect to event, location, date, and venue selection.
2.3 Ordering tickets from 18 years of age or older or with the consent of the legal representative. The purchase of tickets, products and other services is allowed only to persons who are at least 18 years old and have full legal capacity or with the consent of their legal representative.
2.4 Acceptance of Contract Offer. The contract between the Buyer and the Seller (as a rule, this is the respective Event Organizer; if Spencerhill Universum sells the Tickets on behalf of the Event Organizer as a commission agent, Spencerhill Universum is the Seller of the Tickets) is concluded by Spencerhill Universums acceptance of a purchase offer by sending an order number and is subject to the condition precedent of full payment in due course.
3. Payment, delivery
(a) Due date and collection of receivables. Payment of the purchase price is due at the conclusion of the contract - in case of bank transfer within 3 working days.
(b) Payment for additional services. In case the buyer orders optional additional services, such as.
gift boxes, fan guarantees and insurance, the costs of which will be invoiced to him along with the ticket price.
4. Right of Withdrawal.
4.1 No right of withdrawal for the purchase of Tickets. Insofar as Spencerhill Universum sells tickets for its own or third-party events, regardless of whether the sale of the tickets is brokered for the organizer or whether Spencerhill Universum acts as a commission agent in its own name, in connection with leisure activities, there is no right of revocation under Section 312g (2) No. 9 BGB.
4.2 Right of revocation for downloading. In the case of contracts for the delivery of download products, Spencerhill Universum will inform the Buyer within the scope of the order that the contract will begin with the Buyer*s consent before the expiration of the cancellation period as soon as the Buyer begins the download, and that the Buyer*s consent will cause the right of cancellation to lapse at the beginning of the performance of the contract.
4.3 Right of cancellation for the combined purchase of goods and tickets. In the case of the purchase of goods or products other than those referred to in clauses 4.1 and 4.2 together with tickets within a single contract, so-called bundles or combined items, the right of cancellation may be exercised only uniformly. In this case, the Buyer shall have the right to cancel the entire contract.
4.4 Right of withdrawal for the purchase of goods. In case of purchase of other goods, e.g. non-ticketed merchandise products, the Buyer has the right to revoke the purchase contract with Spencerhill Universum within 14 days of receipt of the goods.
You may revoke your contractual statement in writing (e.g., letter, fax, e-mail) within 14 days without giving any reasons or, if the goods are delivered to you before the expiration of this period, also by returning the goods. The period begins upon receipt of these instructions in text form. To meet the revocation deadline, simply send the revocation or the item in a timely manner. The revocation should be sent to:
Nobody Media GmbH
Consequences of revocation
In case of effective revocation, the services received by both parties must be returned and any benefits received (e.g., interest) must be surrendered. If the customer is unable to return or assign the services and benefits received (e.g., benefits of use), or is only able to do so in part or in a deteriorated condition, the customer is obligated to compensate us to that extent. Compensation for deterioration of the object is due only if the deterioration is due to handling of the object beyond what is required by law.
The examination of the characteristics and mode of operation. The term "testing of the
functionality" means the testing and inspection of the respective products, as is possible and usual to do, for example, in a store.
Goods that can be sent by parcel post must be returned at our risk. The cost of return shipping is the responsibility of the customer. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be met within 30 days. For the customer, the period begins with the mailing of the cancellation notice or the item, for us with its receipt.
The purchase of a ticket entitles the holder to attend the event indicated on the ticket. After receipt, tickets should be stored in a safe place. and protect them from harmful agents such as direct sunlight, heat or moisture, as illegibility of the information on the ticket, which is important for admission control, may lead to invalidation of the ticket and thus loss of the right to admission.
5.2 Personalized tickets.
The ticket is personalized during the ordering process (even if no name is printed on it). If a contracting party has acquired from us as part of a visitation contract several visitation rights for itself and for third parties, the transfer is made by the contracting partys assignment of these visitation rights to different third parties and by the conclusion of separate visitation contracts with the persons entering, assuming all rights and obligations and only on the condition that all the requirements of Section 6.6 are met. If the tickets are personalized with a persons name, the following applies:
(a) Individual personalization. For personalized tickets, identification is mandatory at the entrance. Entry will be granted only to the person named on the ticket, provided that he or she can prove his or her identity at the entrance by means of a valid personal ID, a valid drivers license, or any other means of proof agreed upon with the Organizer. If the Organizer offers the option of personalizing tickets individually at the time of purchase, the purchaser will be invited to do so during the ordering process and is required to truthfully indicate the first and last names of the other persons to whom personalized tickets will be issued at the time of order.
(b) Buyer Personalization. When purchasing multiple Tickets that are automatically personalized in Buyers name, all Tickets will be issued in Buyers name ("Buyer Personalized Tickets"). Entry to the event upon presentation of a Buyer Personalized Ticket, which is not issued in the name of the visitor requesting entry, is only possible for the visitor in the presence of the person named on the ticket, if the visitor can prove his or her identity at the entrance by means of a valid ID, valid drivers license, or other means of proof agreed upon with the organizer. The holder of the right to participate is the buyer, but the buyer may attend the event in company, so a separate personalized ticket in the buyers name is required for each accompanying person.
(c) No obligation to verify identity. The Organizer is not required to check identity at the entrance. He/she will also be released from the obligation of performance towards the buyer if the buyer grants access to the event to another person upon presentation of the personalized ticket.
(d) Misuse of third-party data. Misuse of third party data for the purchase of personalized tickets without their stated or presumed will may result in the ticket being blocked. Further details can be found in Clause 5.
(e) Repersonalization. Repersonalization of Tickets is possible only in accordance with the Organizers terms and conditions, which will be communicated to you at the time of purchase, and only if the Buyer makes a request to Spencerhill Universe by providing the Event details, order number, order details (e.g., order date and payment method used) and the name of the original Visitor noted on the Ticket and the name of the new Visitor. With repersonalization, the person originally named loses the right to visit the event. Repersonalization can only take place up to 24 hours before the start of admission to the booked event. Further details are governed by the conditions stated at the time of purchase and the General Conditions of the Organizer.
5.3 Blocking of tickets
(a) Lost and Stolen Tickets. If Tickets are reported to Spencerhill Universum as lost or stolen, they may be blocked in accordance with the Organizers T&Cs with the consequence of
being blocked, that the right to participate in the event expires.
(b) Tickets purchased or misused. Tickets purchased in violation of clauses 5.2 (Personalized Tickets), 5.4 (Prohibition of Resale or Commercial and Professional Use) or 5.5(a) (Permitted Transfer) or (b) (Ticket Transfer) of these Spencerhill Universe T&Cs, or for which there is reasonable evidence that they are intended to be so used, may, after taking into account the interests of the purchaser, be blocked by the Organizer resulting in forfeiture of the right to admission to the Event. There is no refund of the purchase price or expenses. Spencerhill Universum is authorized to prove major damage, Buyer is authorized to prove minor damage.
5.4 No use of Tickets for commercial or business purposes; unauthorized transfer. Tickets are sold for private, non-commercial use only. Any commercial or corporate resale of Tickets is prohibited. Commercial sale of tickets is reserved exclusively for the respective organizer and ticket agencies authorized by the organizer. In particular, it is not permitted to (a) offer tickets for sale publicly by auction (e.g. (b) offer or sell tickets on Viagogo, StubHub, Ticketbande, (c) offer or give away tickets for sale at a price higher than the price paid, for which a maximum 15% surcharge is allowed to offset transaction costs, (d) sell or give away tickets to commercial resellers and/or ticket resellers, (e) use or cause tickets to be used for commercial or profit-making purposes, e.g. for lotteries, without the prior written consent of the Organizer. e.g. for raffles, promotions, marketing, giveaways or as part of an unauthorized hospitality or travel package. No tickets may be transferred without incorporating these Spencerhill Universum T&Cs. Spencerhill Universum reserves the right to block your account on the Site or Tickets in accordance with clause 6.4 or not to accept any further orders for Tickets. This applies even in cases where there is reasonable suspicion that you have used or will use automated programs to order Tickets. Without prejudice to the imposition of a contractual penalty under Clause 5.6, violation of the provisions of this paragraph will result in the loss of the right of access without compensation, i.e., the Ticket will lose its validity in this case.
5.5 Permitted Transfer.
(a) Principle. A Ticket may be transferred privately for non-commercial reasons, particularly in individual cases where the Customer is ill or otherwise unable to attend, provided that there is no case of unauthorized transfer under Clause 5.4. In this case, the Client may transfer the rights and obligations under the Visiting Agreement to a third party only if the third party enters into the Visiting Agreement in its place and assumes all rights and obligations. Such subrogation is subject to the Sellers consent, which is granted under the following conditions: (i) the subrogation is a permitted case of subrogation as described above in this clause 5.5(a), (ii) the Customer expressly advises the new Ticket Holder of the applicability and content of these GTC, and the new Ticket Holder agrees to the applicability of these GTC between it and the Seller (i.e., the Organizer or Spencerhill Universum ). Transfer of individual rights under the Visitor Agreement is excluded in the absence of any of the conditions in (i) or (ii) above.
5.6 Contractual Penalties.
In the event of a culpable violation of one or more of the provisions of Articles 5.3, 5.4 (a) or (b), the Seller shall be entitled, in addition to the other measures and sanctions possible under these General Terms and Conditions of Spencerhill Universum and any claims for damages, to impose on the respective Customer a contractual penalty to be determined by the Seller in its reasonable discretion (Section 315 BGB), the appropriateness of which may be reviewed by the competent court in the event of a dispute.
(b) Amount: the amount of the contractual penalty shall be determined in particular by the number and intensity of the violations, the type and degree of fault (wilful misconduct or negligence), the efforts and successes of the Customer or the Ticket Holder in remedying the damage, the question of whether and to what extent the Customer is a repeat offender, and, in the case of unauthorized resale of Tickets, the number of Tickets offered, sold, transferred or used, as well as any proceeds or profits generated by the resale.
6. obligations of Spencerhill Universum in connection with third-party events.
6.1 Spencerhill Universums Notice of Liability for Third Party Events. Spencerhill Universum is not responsible for the performance, changes in time and place of performance, or cancellation of any Third Party Event.
6.2 Event Information. To the extent that Spencerhill Universum merely brokers or sells Tickets on a commission basis on behalf of the Event Organizer, Spencerhill Universum has no way of fully influencing or verifying any information about the Events, including, but not limited to, the dates and venues of the Events, the artists performing, program content, allocation of price categories, or availability of seating or standing room. In this regard, Spencerhill Universum acts with due diligence within the limits of what is possible and contractually permissible vis-à-vis the Organizers. Spencerhill Universum assumes no responsibility for the accuracy and completeness of such information outside its sphere of influence. This extends to the accurate compilation and timely submission of information, but not to the issuance of timely notices of cancellation by the Organizer.
6.3 Buyers obligation to verify event changes or cancellations. It is the Buyers responsibility to verify that the event will take place without changes, particularly on the day of the event, through the information issued by the Organizer itself and, for this purpose, in particular by taking into consideration the Internet offerings of the Organizer, the performing artist, as well as other generally accessible sources, including press and radio.
7 Warranty, Refund and Liability
7.1 Warranty. In case of purchase of products, Buyer shall be entitled to the warranty rights provided by law in case of defects.
7.2 Refund for Customized Tickets. If the Organizer allows the cancellation of Personalized Tickets under the Terms and Conditions of Sale, a refund will be made only if the cancellation is made at Spencerhill Universe, where it was purchased, within the cancellation period specified at the time of purchase. In all other cases of customization, there is no refund. Spencerhill Universum is authorized to prove a major loss and the Ticket Purchaser is authorized to prove a minor loss.
7.3 Changes to the content of events. The organizers may modify the program if special events or events beyond their control make it necessary. In this case, you will not be entitled to a ticket change or refund of the ticket price, provided the change is insignificant. Clause 7.4 (b) remains unaffected.
7.4 Cancellation, termination or postponement of events. (a) In the event of cancellation or postponement of events for which the Organizer is responsible, as well as in the event of other events giving rise to claims against the Organizer, the Ticket Buyers claim shall be only against the Organizer or Spencerhill Universum, to the extent that Spencerhill Universum sells tickets as a commission agent, and shall be limited to reimbursement of the face value of the ticket. Travel and lodging expenses will not be reimbursed. Clause 7.7 remains unaffected. (b) If an event is canceled, discontinued, or postponed due to a circumstance beyond the organizers control (e.g., force majeure), the visitors right to terminate the contract is excluded. In case of cancellation or termination, the organizer is obliged to recover the event to the extent and within the shortest possible and reasonable time. If the event is postponed or-in case of cancellation or termination-recovered, the tickets for the event will remain valid.
7.5 Refund on instructions from the Organizer. If Spencerhill Universum has been instructed by the respective Organizer to refund the Ticket price in its name and on its behalf in an individual case, Spencerhill Universum will make the refund on behalf of the Organizer; in this regard, Spencerhill Universum does not have its own refund rights against Spencerhill Universum to the extent that Spencerhill Universum is not the seller of the Tickets. The refund includes the price of the printed ticket and will be made only to the purchaser of the original ticket. Concert cancellation refund conditions apply to refunds in the event of a concert cancellation.
7.6 Refund in case of insolvency or bankruptcy of the Promoter. Spencerhill Universum is not authorized, due to insolvency law regulations, to refund the ticket price to the buyer in case of insolvency or inability to pay of the Promoter. In this case, the refund will be made directly by the Organizer.
(a) Unlimited Liability. Spencerhill Universum, its legal representatives, executive employees, or vicarious agents shall be liable without limitation in accordance with the legal provisions of the Federal Republic of Germany (i) for damages resulting from injury to life, body, or health, (ii) in the event of willful misconduct or gross negligence, (iii) in accordance with the Product Liability Act, and (iv) in the event of assumption of warranties.
(b) Limited Liability. For ordinary negligence, Spencerhill Universum, its legal representatives, officers, or agents will be liable only for breach of a "material" obligation under these Spencerhill Universum GTC. "Material" obligations are those obligations that are necessary in all cases for the performance of the contract for the sale of tickets and the staging of its events, the breach of which would jeopardize the fulfillment of the purpose of the contract, and on the compliance of which the Ticket Buyer may therefore regularly rely. In such cases, liability is limited to typical and foreseeable damages.
7.7 Exemption from Claims. To the extent that the Ticket Purchaser is at fault, the Ticket Purchaser shall indemnify Spencerhill Universum against all claims asserted by third parties against Spencerhill Universum as a result of the Ticket Purchasers conduct in connection with the purchase of Tickets or the staging of Spencerhill Universums own events and shall bear the costs of legal defense incurred in this regard to the extent required by law. In the event of a claim by a third party, the Ticket Purchaser shall immediately provide Spencerhill Universum with true and complete information necessary for the investigation of the claim and defense.
8. regulations for participation in events
8.1 Applicability. The following terms and conditions for participation in Events shall apply to all Events, unless the organizer of an Event agrees with the Ticket Purchaser that separate organizers Terms and Conditions apply.
8.2 Admission and Participation in Events. When participating in an Event, you must comply with the rules and regulations of the Organizer and the venue (hereinafter collectively referred to as the "Rules of Conduct"). The Rules of Conduct are also derived in particular from the venues internal rules and regulations, notices, instructions from service personnel, or announcements. A violation of the Rules of Conduct or unacceptable behavior that may cause disruption to the conduct of the event, damage to the venue, security equipment or stage technology, or cause significant annoyance or violation of the rights of others, entitles the organizer to expel the visitor from the venue. The same applies to refusal of admission.
8.3 Admission checks. Employed security personnel may conduct searches of persons and bags, etc., at the entrance of a venue to ensure the safety of visitors or compliance with rules of conduct.
8.4 Recording of images and sounds by the Organizer. Spencerhill Universum points out that recordings of images and sounds are made during events and that visitors, as part of the public, may be affected by them. It is the visitors responsibility to inquire about the making of such recordings before purchasing a ticket from the Organizer.
8.5 Recordings of images and sounds by visitors. The rights to make and use video and sound recordings are governed by the General Conditions of the Organizer. Making recordings for other than purely private purposes requires the prior written consent of the Organizer in each case. Deletion or destruction of such recordings may be required.
8.6 Carrying objects, animals, food or drink. The use of lasers or cell phones may be prohibited, as may the carrying of animals, with the exception of guide dogs. The same may apply to food or drink. It is the responsibility of the Ticket Purchaser to inquire about such restrictions from the Organizer or Venue before purchasing a Ticket.
8.7 Late Arrival. Late arrivals are not entitled to immediate admission. The Organizer will attempt to admit latecomers at a convenient time that does not disrupt the performance, such as during intermission.
8.8 Leaving the venue early. If you leave the venue before the end of the performance, you may be refused readmission.
9. final provisions.
9.1 Invalidity of provisions. Invalidity of individual provisions shall not affect the validity of the others.
9.2 Applicable Law. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of German private international law (IPR) and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.3 Place of performance and jurisdiction. The sole place of performance for deliveries, services and payments is Lommatzsch, provided that the Ticket Buyer is an entrepreneur within the meaning of § 14 BGB (German Civil Code). If the Ticket Purchaser is an entrepreneur, Lommatzsch is the exclusive place of jurisdiction (including international jurisdiction) for all disputes arising directly or indirectly from the contractual relationship. In the case of cross-border contracts, this also applies to consumers; in this case Nobody Media GmbH reserves the right to invoke any other internationally competent court.
9.4 Online Dispute Resolution. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Spencerhill Universums e-mail address is info[at]nobody-media.de. Spencerhill Universum is neither obligated nor willing to participate in the dispute resolution procedure.
9.5 Transfer of Rights. Spencerhill Universum is entitled to transfer to third parties, in whole or in part, the rights and obligations arising from this contractual relationship with four weeks notice.