concerning Rammstein concerts 2019 organized by MCT Agentur GmbH
1. SCOPE, CONTRACTUAL RELATIONS
1.1. The present General Terms and Conditions (referred to herebelow as the “General Terms and Conditions”) apply to the Rammstein concerts 2019 organized by MCT Agentur GmbH, Strausberger Platz 2, 10243 Berlin, Managing Director: Scumeck Sabottka, entered in the Commercial Register kept by the Amtsgericht (Local Court) of Berlin under the number HRB: 65613 (referred to hereinbelow as “we” or “MCT”), with MCT acting as event organizer. They govern the relationship in place between MCT and the purchaser of tickets (referred to hereinbelow as “you” or the “customer”). The General Terms and Conditions are a component of the agreement as to the acquisition of concert tickets (referred to hereinbelow as the “Tickets”). In the event that the customer uses general terms and conditions of its own that contradict our General Terms and Conditions set out here, these shall not become a component part of the agreement unless we have consented to them in writing.
1.2. By purchasing a Ticket, you as our customer will confirm that you are aware of these General Terms and Conditions and that you have accepted them as being binding upon yourself. Should you acquire the Ticket(s) online, you will confirm this by clicking on the button “Ich bestätige außerdem, dass ich die Allgemeinen Geschäftsbedingungen gelesen habe und stimme ihnen zu” (“I furthermore confirm that I have read the General Terms and Conditions of the event organizer and accept them”).
1.3. Besides the present General Terms and Conditions, the general terms and conditions of the respective owner of the venue and its site shall apply for the respective venue (including the corresponding house rules). These terms are included herein by reference.
2. CONCLUSION OF THE CONTRACT, TICKET PURCHASE PRICE AND DUE DATE, NO RIGHT OF REVOCATION, AND EXCLUSION OF CHILDREN UNDER THE AGE OF SIX YEARS
2.1. Tickets may be purchased directly from one of our distribution partners via the internet. Our distribution partners broker the sale of the Tickets on behalf of MCT and for our account. The general terms and conditions employed by our distribution partners have equal rank with the present General Terms and Conditions and are likewise to be observed. Where our distribution partners’ terms deviate from the MCT General Terms and Conditions, the latter shall govern.
2.2. In purchasing Tickets, an agreement as to the attendance of the concert event is concluded by you as the customer and MCT as the event organizer. MCT as the event organizer shall be entitled to the entirety of the Ticket Purchase Price, which is comprised of the basic ticket price, the convenience charge, the charge for mass transit, and other fees, in each case including statutory VAT (referred to hereinbelow as the “Ticket Purchase Price”). The Ticket Purchase Price shall be due for payment immediately upon the contract having been concluded, unless a different payment deadline is provided to you in the course of the order process.
2.3. Our distribution partner may charge additional fees on its own behalf. This will be indicated to you in the course of the order process.
2.4. Until payment of the Ticket Purchase Price is made in full, the Tickets shall remain the sole property of MCT and shall not entitle their bearer to access the event booked.
2.5. The contract as to the attendance of concert events is a contract concerning recreational events, regarding which the customer is not entitled to any right of revocation. Accordingly, you cannot revoke your declaration of intention regarding the order of tickets for recreational events.
2.6. The sale of tickets to children under the age of six (6) years is hereby ruled out. No ticket may be purchased for them (also not along with other tickets) as thirdparty beneficiaries. Children under the age of six (6) years will not be granted access to the event, also not if they are accompanied by a person who is a primary carer or who is tasked with care guardian obligations.
3. VALIDITY OF THE TICKETS
3.1. Your Ticket will entitle only one person each to attend the event booked. Upon your leaving the event, respectively the oneoff activation (Online Tickets), the Ticket will no longer be valid.
3.2. It is expressly prohibited to use the Ticket in several instances.
4. RETURN OF TICKETS, REIMBURSEMENT OF THE TICKET PURCHASE PRICE IN CASE OF CANCELLATION OR POSTPONEMENT OF THE EVENT
4.1. As a matter of principle, you as a customer will have a claim to returning the Ticket and to being reimbursed fort he Ticket Purchase Price only if events are cancelled and/or postponed.
4.2. The claim to reimbursement of the Ticket Purchase Price is to be brought forward a) Should the event be cancelled without any other date being scheduled, at the latest four (4) weeks following the date of the event that was cancelled; b) Should the event be postponed to a replacement date: at the latest by midnight of the day preceding the replacement date. Should you be prevented, for reasons for which you are not responsible, from filing the corresponding reimbursement claim in due time – for example because you were ill – you are under obligation to provide proof of the circumstances that exclude your responsibility in this regard.
4.3. Charges paid (convenience charge and system charge, Clause 2.2.) will not be reimbursed. Should you rescind the agreement as regards the event, we will set off our claim to compensation in the amount of the charges against the claim to reimbursement of the charges paid to us. The reason is that should you rescind the said agreement, you will be under obligation to compensate us for the value of the brokerage services that you have enjoyed by purchasing your Ticket from us via our distribution partner. The same applies to the system charge for the use of the ticketing system for issuing your tickets.
4.4. Should our distribution partner charge additional fees in its own name (Clause 2.3.), their reimbursement shall be goverened by the general terms and conditions of said distribution partner.
4.5. You are to contact the distribution partner from whom you purchased the Tickets as regards your claim to reimbursement of the Ticket Purchase Price, not including the paid charges. Unless our distribution partner has a different reimbursement procedure in place, the Ticket Purchase Price shall be reimbursed only upon the original Tickets being submitted. Should the Tickets have been lost, it will not be possible to reimburse the Ticket Purchase Price or to provide you with replacement tickets.
4.6. Your rights to rescind the contract within the scope provided for by law, or to demand compensation for damages in the event MCT is responsible for a violation of its obligations, shall remain unaffected hereby. However, the enforcement of claims to compensation of damages and/or the reimbursement of expenditures shall be subject to the liability reservation set out in Clause 9 hereof.
5. LIMITED TICKET PURCHASE
5.1. For the Rammstein concerts there is a restriction of a maximum number of Tickets per person of 6 (six) Tickets per show. For these concerts, you may acquire only this number of Tickets; this applies regardless of the number of purchases you initiate. It is expressly prohibited that one person, or several persons who have affiliated themselves with others for the purpose of commercially trading tickets or selling them as a business, initiate(s) a greater number of purchasing processes than specified, for example by providing different e-mail addresses or using different payment means (particularly by using pre-paid credit cards deployed for the purpose of purchasing a greater number of tickets than is admissible), or by circumventing this rule in any other way.
5.2. Clause 8 applies in the event of a violation of Clause 5.1.
6. PERSONALIZED TICKETS AND PROHIBITION ON TRANSFER OF TICKETS
6.1. All Tickets for the Rammstein concerts are personalized, in other words, only that person has the right to demand access to the event that holds visiting rights. That person's name will be printed on the Ticket as component part of the Ticket.
6.2. The first name and last name you provide will be noted on the Ticket. Should the option be available to purchase several personalized Tickets, you will be asked, when you make the purchase, to provide the first name(s) and last name(s) of the other person(s) to whom the personalized Ticket(s) is / are to be issued. You are under obligation to provide this information truthfully immediately in making the purchase. The legal transaction will come about or fail upon the immediate and truthful provision of the various names of Ticket holders at the purchase, in due time, since immediately following the purchase process, the Tickets will be made out in the names that you have provided (referred to by legal experts as “relative obligation to perform at a fixed point in time”). Any violation of your obligation to provide the different names will mean that we will have to expend considerable additional amounts of time, effort and money in retroactively processing repersonalization requests and will cause conflicts during admission to the event. Additionally, concerts will be identified as “sold out” in spite of the fact that we have the right to rescind the respective agreements should you violate your obligation to provide different names, meaning that these seats will once again become available. Should MCT have to set an appropriate deadline for you in each case prior to rescinding the agreement, this would be to the detriment of the other fans and would enable the unauthorized trade in tickets at inflated prices. For the event that one and the same name is provided in purchasing several Tickets, in contravention of the above provision, we reserve the right, for the above reasons, to immediately rescind the agreement without this requiring any deadline to be set (Section 323 paragraph 2 no. 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)). Moreover, you will be asked to confirm that you are entitled to personalize the ticket(s) in the name of the third person(s). In such cases, the contract shall be concluded exclusively by yourself with us. Any other persons that you may name will be the sole beneficiaries under this contract and will gain an independent right to attend the event (Sections 328 et seqq. of the German Civil Code).
6.3. The right to attend the event is the result solely of the contract you have concluded with us (Clause 2.2. hereof). Moreover, your name will have to be noted on the Ticket. As a result of the contract you have concluded with us, third parties for whom you have acquired a personalized Ticket are, in accordance with these General Terms and Conditions, likewise entitled to attend the event. The names of these third parties must be noted on their Tickets. An additional prerequisite for attending the event is that you or the person(s) for whom you have purchased the Ticket is/are able to identify himself/themselves at the admission ticket checkpoint by submitting a valid passport, personal identity card, driver’s license, credit card, or EC bank card.
6.4. We are not under obligation to demand that the said documents are shown at the admission ticket checkpoints in order to be sure that the ticket holder is in fact authorized to attend. MCT will be free from its performance obligations vis-à-vis its contractual partner if another person has obtained access to the event by presenting a Ticket. Only one person is authorized to attend the event per Ticket.
6.5. You hereby enter into obligation to purchase and use the Tickets solely for private use. Any transfer of the Tickets is prohibited. Specifically this includes selling the Tickets to third parties, or offering the Tickets for sale in the context of internet auctions or not authorized ticket exchanges. You may not transfer your rights and obligations under the contract with MCT (and thus also the right to demand access to the event) to a third party. If you do not wish to/cannot use the Ticket, it is possible to return the Ticket(s) under the conditions set out in Clause 7. This shall not affect the possibility of returning the Ticket if the event is postponed or cancelled pursuant to 4.
7. RETURNING TICKETS
7.1. Return of Tickets purchased from our distribution partner CTS EVENTIM
7.1.1 If you purchased your Ticket(s) from our distribution partner CTS EVENTIM AG & Co. KGaA ("CTS") from 01.03.2019 on it is possible for you to return Tickets on the ticket platform operated by CTS through your customer account at www.fansale.de. This requires that the Tickets that become available are actually purchased on www.fansale.de. This cannot be guaranteed.
7.1.2 By using the option to return, you offer the Ticket(s) to us and allow us to offer the Ticket(s) which become available once again for sale on the ticket platform www.fansale.de on our own behalf and for our own account. Your offer to return the Ticket/s is not deemed accepted by us until the Ticket(s) is/they are resold on this ticket platform.
7.1.3. CTS will offer the Ticket(s) which become available for sale on the ticket platform on behalf of and for the account of MCT until 24 hours before the event concerned begins. You set the price at which your Ticket/s should be sold. The maximum price may not exceed the Ticket Purchase Price (Clause 2.2). If the Ticket/s have not been sold you may withdraw your offer through your customer account on www.fansale.de.
v 7.1.4. On request, Tickets that become available may be received for one or more third parties for a maximum of 48 hours. In this case the Ticket(s) that become available will only be offered for sale to such third party/parties during the aforementioned reservation period. CTS will provide you with a link in this respect which you may forward to one or more third parties. The first third party that purchases the available Ticket(s) within the aforementioned reservation period using this link receives the Ticket. If the Ticket is not purchased within the aforementioned reservation period, it is offered for sale on the www.fansale.de ticket platform.
7.1.5. If the Ticket(s) which become available are sold, you will be informed immediately. Your Ticket(s) will be blocked so that you are no longer entitled to entry. In this case a return at the event location pursuant to Clause 7.3 is no longer possible. A new Ticket will be generated for the purchaser. The purchaser will pay a fee of EUR 10.00 for a Ticket purchased using the ticket platform. After the sale through the ticket platform the amount of the purchase price will be credited to your account or your credit card account.
7.1.6. It is possible to exercise the return option until 24 hours before the event concerned begins.
7.1.7. If and to the extent that Tickets which become available are not sold, your Tickets will not be blocked and you will be still be entitled to enter the event. Pursuant to Clause 7.3 it is possible to return these Tickets at the event location. It is not permissible to transfer the Tickets to or through third parties (Clause 6.5).
7.2. Return of Tickets purchased from our distribution partner München Ticket
7.2.1. Returning through München Ticket's webshop a) If you purchased your Ticket(s) from our distribution partner München Ticket GmbH ("München Ticket") it is possible for you to return Tickets using the webshop operated by München Ticket (deine-fairen-tickets.muenchenticket.net) under the conditions set out below. To do so, first you have to return the original Ticket(s) to München Ticket (Seidlstr. 30, 80335). You must also prove the identity of the holder of the respective Ticket specified by name ("Ticket Holder") by providing a copy of the Ticket Holder's proof of identity (not a personal ID card or passport, e.g. driving licence or health insurance card). b) By exercising the option to return, you offer the Ticket(s) to us and allow us to offer the Ticket(s) which become available once again for sale in the webshop mentioned in Clause a) on our own behalf and for our own account. Your offer to return the Ticket(s) is not deemed accepted by us until the Ticket(s) is/they are resold in the webshop. It is only possible to return the Ticket(s) which become available if they are actually sold through the webshop. This cannot be guaranteed. c) München Ticket will offer the Ticket(s) which become available for sale in the webshop on behalf of and for the account of MCT until 24 hours before the concert concerned begins. You set the price at which your Ticket(s) should be sold. The maximum price may not exceed the Ticket Purchase Price (Clause 2.2). If the Ticket(s) have not been sold you may withdraw your offer by picking up your Ticket(s) at München Ticket (Seidlstr. 30, 80335). d) If the Ticket(s) which become available are sold, you will be informed immediately. Your Ticket(s) will be blocked so that you are no longer entitled to entry. In this case return at the event location pursuant to Clause 7.3 is no longer possible. A new Ticket will be generated for the purchaser. The purchaser will pay a fee of EUR 10.00 for a Ticket purchased through the webshop. The purchaser must also accept these General Terms and Conditions. After the sale through the webshop the amount of the purchase price will be credited to your account or your credit card account. e) It is possible to exercise this return option until 24 hours before the event concerned begins. f) If and to the extent that Tickets which become available are not sold, your Tickets will not be blocked and you will be still be entitled to enter the event. Pursuant to Clause 7.3 it is possible to return these Tickets at the event location. To do so, first you have to return the original Ticket(s) to München Ticket (Seidlstr. 30, 80335). It is not permissible to transfer the Tickets to or through third parties (Clause 6.5).
7.2.2. Returning directly at München Ticket’s headquarters a) Alternatively, subject to the conditions set out below, you may also return Ticket(s) to München Ticket’s headquarters. To do so, first you have to return the original Ticket by post or in person to München Ticket (Seidlstr. 30, 80335). You must always provide proof (original or a copy) of the identity of the respective Ticket Holder (if you are providing a copy, then not a personal ID card or passport, e.g. driving licence or health insurance card). b) By exercising the option to return, you offer the Ticket(s) to us and allow us to offer the Ticket(s) which become available once again for sale on our own behalf and for our own account to a purchaser, whose name is provided by you. Your offer to return the Ticket(s) is accepted by us when it is/they are resold. c) You set the price at which your Ticket(s) should be sold. The maximum price may not exceed the Ticket Purchase Price (Clause 2.2). d) München Ticket will issue a reservation number which you in turn must provide to the purchaser of your Ticket. Then the purchaser must inform München Ticket of his/her first name and last name, with reference to the reservation number, so that the new ticket can be issued to the purchaser. This can be done on site at München Ticket's headquarters or by post. e) After the sale your Ticket(s) will be blocked so that they can no longer be used for entry. In this case a return at the event location pursuant to Clause 7.3 is no longer possible. A new Ticket will be generated for the purchaser. The purchaser pays a fee of EUR 10.00. The purchaser must also accept these General Terms and Conditions. The amount of the purchase price paid will be paid out/credited to you after sale to the purchaser. f) It is possible to exercise this return option until 24 hours before the event concerned begins.
7.3. Returns at the event location
7.3.1. It is also possible to return Tickets at the respective event location on the date of the event from when the doors open until the end of the respective concert pursuant to the conditions below.
7.3.2. By exercising the option to return onsite the Ticket Holder requests that we accept that the Ticket be returned. We will accept the return on the following conditions: - The original Ticket which becomes available is returned, - An original, official document is provided confirming the identity of the Ticket Holder, - There is a purchaser on-site who can prove his/her identity with a valid passport, personal identity card, driving licence, credit card or EC card so that the new ticket can be issued to such purchaser, - The purchaser confirms acceptance of these General Terms and Conditions, and - the Purchaser pays a fee of EUR 10.00.
7.3.3. If the conditions set out in Clause 7.3.2 sentence 2 are fulfilled, we accept your return of the Ticket and the original Ticket is no longer valid and may not be used for entry. Only the new ticket issued to the purchaser may be used for entry (Clause 6.3). In this case you are not entitled to reimbursement of the Ticket Purchase Price, rather the purchaser is entitled to any reimbursement. The original Ticket Holder is free to have a maximum amount equal to Ticket Purchase Price (Clause 2.2) plus the system fee, or a lower price, reimbursed by the purchaser.
8. DISABLING PERSONILZED TICKETS
8.1. In the event of a violation of the prohibitions set out hereinabove in Clause 5.1. or 6.5., MCT shall be entitled to disable the Tickets concerned, against reimbursement of the Ticket Purchase Price (not including the convenience charge and the system charge, Clause 2.2) and to refuse access to the event to the respective holder of the Ticket.
8.2. In the event of repeated prohibitions set out hereinabove in Clauses 5.1. or 6.5., MCT shall be entitled to disable the Tickets without any compensation, in other words without reimbursement of the Ticket Purchase Price paid.
8.3. The distribution partner may also disable tickets on behalf of MCT. Moreover, the general terms and conditions of said distribution partners may stipulate further reasons based on which tickets may be disabled.
9. LIABILTY OF MCT
9.1. MCT shall be liable without any restrictions whatsoever for any and all damages to life, limb or health arising in the context of the contractual relationship where such damages were caused culpably. The same shall apply where liability is mandated by the law, in particular liability pursuant to the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act), and in the event of guarantees.
9.2. In the event that essential contractual obligations are breached (socalled “cardinal obligations”), such breaches being based on simple negligence and not covered by the stipulations of Clause 9.1. hereof, MCT shall be held liable to a limited extent, this being the compensation of the foreseeable damage that is typical for the type of contract concerned. The cardinal obligations of MCT include those duties the fulfillment of which is the basis of the due and proper implementation of the contract, and in the adherence to which you may, as a general rule, trust.
9.3. In all other regards, MCT shall be held liable only for grossly negligent or intentional violations of its contractual duties.
9.4. To the extent the liability of MCT is excluded or restricted by the stipulations of the above paragraphs, this shall also apply to the liability of its statutory representatives and the persons it employs in the performance of its obligations (Erfüllungsgehilfen).
10. OBLIGATIONS OF CUSTOMERS ATTENDING THE EVENT
10.1. No hazardous objects such as gas containers, pyrotechnical articles (such as flares, firecrackers or sparklers), laser pointers, weapons of any kind or objects that may be used as a projectile – in particular bottles and cans – may be taken to any event.
10.2. No audio recording devices, film, photo or video cameras may be taken to the event, nor may they be operated. This also concerns mobile radio devices with a photography application. Recordings of any form are prohibited and any abuse will be prosecuted under law.
10.3. In the event of the stipulations of Clause 10.2. being violated, MCT and its employees are entitled to seize the recording equipment and cameras and to keep them until the end of the event, such storage being liable to payment of a fee. The films and recording material of any nature on which parts of the event have been recorded may be seized and stored by MCT. They will be returned to the owner provided that the latter has consented to the recordings being deleted from such material.
10.4. MCT reserves the right to prohibit person who have violated the stipulations of the above paragraphs from entering the concert event, or to remove them from the event.
11. AUDIO AND VIDEO RECORDINGS BY MCT
Should video and/or audio recordings be prepared by authorized persons, such as for radio or television broadcasts, you hereby declare your consent to potentially being captured on video images and/or on audio recordings; unless legitimate interests on your part prevent this, you also consent to these recordings being copied, disseminated and publicly played back without your being entitled to any remuneration therefor; they may in particular be broadcast.
12. APPLICABLE LAW, PLACE OF JURISDICTION
12.1. To the extent the customer is not a consumer, solely the laws of the Federal Republic of Germany shall apply; the UN Sales Convention is excluded.
12.2. The place of performance and the place of jurisdiction is Berlin if the customer is a merchant, a legal entity under public law, or special assets governed by public law.
13. FINAL CLAUSES
13.1. By the time at which the contract is concluded, MCT has not concluded any agreements or made any undertakings, neither orally nor in writing, besides the present General Terms and Conditions.
13.2. Should individual provisions of this contract be or become null and void or ineffective, either wholly or in part, this shall not impact the effectiveness of the other provisions. The stipulations of the law shall replace those of the General Terms and Conditions that are not incorporated or ineffective (Section 306 paragraph 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)). In all other regards, the parties shall determine an effective provision to take the place of that provision that is null and void or ineffective, which new provision is to approach as closely as possible the previous provision’s economic intent, unless an amending interpretation of the contract takes precedence or is possible.
Status: 29.10.2018 - print Rammstein ToS