GENERAL TERMS AND CONDITIONS OF BUSINESS OF PROJEKT 20DREI10 GMBH RELATING TO ONLINE SALES OF TICKETS
- Subject matter and validity of the agreement
1.1 These terms and conditions of business govern the legal relations with respect to ordering and delivery of admission tickets, catalogues or other articles for trade fairs, exhibitions or other events (hereinafter referred to as “events”) of companies of Projekt 20drei10 GmbH (hereinafter referred to as “P13”). Any acquisition constitutes a contractual relation between the customer and P13.
1.2 We do not assume any liability whatsoever for the accuracy and completeness of the information relating to events on the homepages of P13 which has been made available by third parties.
1.3 Upon placement of an order, the customer acknowledges these general terms and conditions as being the binding contractual basis. Any deviating, contrary and additional terms and conditions of the costumer are not valid.
1.4 When visiting the event, the additional conditions of the event and of the venue need to be considered.
- Effective conclusion of contract
2.1 All offers are subject to change and constitute a non-binding invitation for customers to order admission tickets, catalogues or any other articles. The order made online by the customer constitutes a binding offer for the conclusion of a contract. P13 accepts the offer in that the admission tickets are provided for download, sent via email or the order of any other article is confirmed via email.
2.2 With respect to business tickets, P13 reserves the right to only sell admission tickets to specialised visitors or professional buyers and to control whether the ticket buyer in question is a specialised visitor in an appropriate manner.
2.3 Admission tickets may only be acquired for private or professional purposes of the customer. Any commercial resale of admission tickets is not allowed. With respect to business tickets, the admission tickets may not be transferred to third parties without the consent of P13. Any violation of this provision gives P13 the right to refuse future sales of tickets or to ban the relevant customer from entering the premises.
2.4 Consumer tickets are allowed to be given away as gifts. A double usage of the admission ticket is technically secured (different codes on each ticket). Each try to double use an admission ticket will be reported to authorities.
- Delivery and availability of goods
3.1 If P13 accepts the order of the customer, the customer shall – according to the order – receive via email an electronic ticket, a confirmation and/or the invoice or P13 provides the ticket for downloading. Orders are only performed against cash in advance. The sale of any and all products is subject to availability. Should the supply be exhausted, P13 rejects the conclusion of a contract.
3.2 Partial deliveries are possible.
3.3 If the customer is an entrepreneur, the risk passes to the customer upon provision of the ticket for printout in the event of placement of the order for an online ticket. Otherwise, the risk passes over as soon as P13 or their supplier hands over the object of sale to the person executing the transport or if the object of sale has left the premises of P13 for dispatch. If the dispatch becomes impossible through no fault on the part of P13, the risk passes to the customer upon notification of the readiness for dispatch. If the customer is a consumer, the risk of accidental loss or deterioration passes to the customer upon placing the order if the order relates to an online ticket for printout. In the event of a purchase with dispatch, the risk only passes upon handover of the object of sale. If, in exceptional cases, the event envisages that the tickets are to be collected on site by the visitor, the visitor shall be obliged to pick up the tickets on time on the date of the event at one of the designated counters, presenting the order confirmation and his/her personal ID-card.
3.4 Electronic ickets printed out by the customer are only valid if paid for in full. Multiple printouts of an electronic ticket or other multiplications for fraudulent use of tickets are not allowed. The ticket is validated upon first scanning of the specific bar code on the electronic ticket when visiting the event.
3.5 The customer shall be obliged to check the number, size, price, date, time, event and place of event within five working days upon receipt of the delivery. Complaints with respect to erroneous tickets must be made within this period upon receipt of the object of sale. The post mark or date of receipt of the email is relevant for compliance with the complaint period.
- Price components and payment
4.1 Additional fees may be imposed for service and dispatch performances which may vary depending on the event. These fees are shown in the shopping cart when placing the order. There are no further non-disclosed costs. Statutory value-added tax is included in the final price.
4.2 Should the customer request the dispatch of an invoice in paper form for the tickets, P13 may charge a handling fee in the amount of Euro 2.50 in this respect.
4.3 Payments by the customer are solely affected by means of the indicated payment methods. By stating the credit card data, the payPal data, the bank data or address data, the customer confirms his entitlement to use these data and funds in the credit card/bank/payPal account and that the required coverage is given. In the event of charge back (due to a lack of coverage of the current account, due to expiry of the current account or on grounds of unjustified objection made by the account holder). P13 shall be entitled to charge a handling fee to be determined by P13 at equitable discretion. The customer authorizes P13 to submit the direct debit again to cover any penalty payment obligations. All amounts become due for payment immediately upon conclusion of the contract without deductions. If payment was not effected, P13 shall be entitled to invalidate the tickets.
- Warranty and liability
5.1 Provided that no regulation to the contrary is made hereinafter, warranty and liability shall be subject to the legal provisions.
5.2 For any damages other than injury of life, body and health, P13 shall only be liable to the extent to which such damages are due to intentional or gross negligent actions or culpable violation of an essential contractual obligation on the part of P13. Should an essential contractual obligation be violated in a negligent manner, the liability of P13 in this respect is limited to the foreseeable damage typical of the contract. Any further liability for damages is excluded.
5.3 To the extent that the liability of P13 according to the above regulations has been effectively excluded or limited, this shall also apply to the personal liability of the employees, other staff members, bodies, representatives or vicarious agents of P13.
5.4 Any delays in delivery or performance on the grounds of force majeure or other events rendering the performance and delivery much more complicated or impossible – including in particular strikes, lock-outs, government orders etc., also if they occur with respect to contractual partners of P13 or their contractual partners – are not deemed as fault of P13.
5.5 P13 reserves the right to make changes to the program or cast. Any claims for return and refunding of the ticket price in this respect are only valid in the event of substantial changes or if they cannot be expected of the visitor in consideration of his legitimate interests.
- Right of cancellation
Admission tickets for events shall not be ruled as distance contract according to Section 312 b BGB if P13 undertakes upon conclusion of the contract to render the services at a specific time or within a precisely specified period. This means that there is no right of cancellation or return in regards to entrance tickets. Therefore, each order of admission tickets becomes binding with the confirmation by P13 and constitutes an obligation to accept and pay for the tickets ordered. In all other respects, the following shall apply:
right of cancellation:
You may cancel your contractual declaration within 14 days without stating any reasons in text form (e. g. letter, fax, email) or – if you receive the object of sale prior to the expiry of the term – by returning the object of sale. The period shall begin upon receipt of this information in text form, however, not before the recipient has received the goods (in the event of recurring deliveries of identical goods not before receipt of the first partial delivery) and not prior to having complied with our information obligations according to Article 246 section 2 in connection with section 1, paragraph 1 and 2 EGBGB [Einführungsgesetz zum Bürgerlichen Gesetzbuch = Introductory Act to the German Civil Code] and our obligations according to Section 312g, paragraph 1, sentence 1 BGB in connection with Article 246, Section 3 EGBGB. In order to comply with the cancellation period, the timely dispatch of the cancellation or the object of sale is relevant. Please direct the cancellation to:
Projekt 20drei10 GmbH
Ulmer Str. 80
73431 Aalen (Germany)
T.: +49 7361 555 496-0
F.: +49 7361 555 496-9
Consequences of cancellation: In the event of valid cancellation, the mutually received services shall be returned and any benefits drawn (e. g. interests) shall also be returned. Should you be unable to return the received services and utilizations (e. g. benefits from use) or only in part or deteriorated conditions, you are obliged to compensate us for the relevant value. (In the event of services: This can mean that you may nonetheless have to meet your contractual payment obligations for the period until cancellation.) For the deterioration of the goods and the benefits drawn, you will only be obliged to compensate us to the extent to which the utilization or deterioration is due to handling of the goods in a manner exceeding the examination of their properties and functioning. “Examination of the properties and functioning” means testing and trying of the relevant goods as customary and possible in a shop. Goods consignable by parcel shipment must be returned at our risk. You must bear the regular costs for return shipment if the goods delivered correspond to the order and the price of the item to be returned does not exceed the amount of EUR 40.00 or if, in the case of a higher purchase price, the customer has not yet provided the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Goods that cannot be sent as a parcel shipment will be picked up at your premises. Obligations for the reimbursement of payments must be met within 30 days. The period shall commence for you upon sending your cancellation notice or the goods and for us upon receipt thereof. Particular reference only with respect to services: Your right of cancellation shall expire prematurely if the contract has been performed completely by both parties at your explicit request before you have exercised your right of cancellation.
The confirmation is made at the latest with sending the automatic order confirmation (invoice and/or by sending e-ticket) via email. This confirmation is even valid, when the buyer has entered a wrong email address, if the email ends up in the spam folder and was therefore not be seen or read and/or if there are other reasons, which are not attributable to the Projekt20drei10 GmbH, that led to not seeing the confirmation by the buyer.
End of cancellation policy
- Cancellation or rescheduling of event
7.1 P13 takes back admission tickets against reimbursement of the purchase price if the event has been cancelled or rescheduled by the organiser and the organiser provides the admission fees to P13 for the purpose of reimbursing the customer. Should this not be the case, the customer shall immediately contact the organiser for reimbursement of the admission fees. Taking back and reimbursement of the purchase price are only possible if the event is cancelled: up to two weeks after the date of the event. In the event of a rescheduling of the event: up to five days prior to the date of the event.
7.2 If the event is not held or is rescheduled, P13 is not obliged to reimburse the remuneration received for their own services.
7.3 A reimbursement without giving back the original tickets is not possible (does not apply to electronic tickets).
8 Utilization of public transport
8.1 As far as this is expressly stated on the relevant ticket, possession of the ticket does not entitle the visitor to make use of public transport.
9 Data protection
9.1 Personal data of the customer are obtained, processed and used within the framework of statutory provisions. Details in this respect can be derived from the data protection regulations of P13.
10.1 In addition, in particular with respect to the access to the events and halls, the holding of the event and public order and security in the halls of Messe Frankfurt, the house rules of Messe Frankfurt shall apply.
10.2 Adolescents under 18years are not allowed to enter the event. Exceptions cannot be made. Parental permission or accompaniment does neither entitle adolescents to enter the event.
10.3 Admission tickets are no longer valid upon leaving the location of the event unless provided for otherwise.
11 Final provisions
11.1 Should individual provisions of these business relations be or become invalid, this shall not affect the validity of the remaining provisions of the contract. The invalid provision or the aspect not considered shall be replaced by an appropriate legal provision. This shall also apply to the filling of legal loopholes.
11.2 Aalen shall be the exclusive place of jurisdiction and performance for any and all claims, provided that the customer is not a registered trader, does not have any general jurisdiction within Germany, transfers his residence or usual abode abroad upon conclusion of the contract or if his residence or usual abode is not known when the action is filed. The laws of the Federal Republic of Germany apply under exclusion of the United Nations Convention on Contracts for the International Sale of goods, CISG).