Standard Terms of Business (STB) of Qtixx GmbH
Qtixx GmbH, Kurfürstendamm 216, 10719 Berlin, Germany (telephone: +49 30 991948400, fax: +49 30 991948449, e-mail: firstname.lastname@example.org), undertakes the booking of admission tickets via the Qtixx GmbH platform. Qtixx GmbH, which is represented by its sole managing director, Mr. Tilman Weigel, is entered in the commercial register of Amtsgerichts Berlin-Charlottenburg under HRB 152892 B (turnover tax identification number DE 291536716).
I. Scope of Application, Contracting Parties
Qtixx GmbH (hereinafter also referred to just as “Qtixx”) mediates admission tickets for sporting, cultural and other leisure-time events to third parties, as a commercial broker on behalf of and on account of the respective organizer. Qtixx itself is not an organizer and itself offers no events, unless otherwise explicitly stated. Qtixx concludes the contracts with the customers/buyers in the name and on account of the respective organizer.
Qtixx is commissioned by the customer solely with the processing of the purchase of the admission tickets, including their dispatch. As regards the relationship between the customer/buyer and Qtixx, in connection with the purchase of admission tickets, the present Standard Terms of Business, in the version current at the time of the order, apply exclusively to all contracts, orders and enquiries. Deviating terms of contract of the customer are not recognized, unless Qtixx explicitly agrees in writing to their validity.
With the purchase of an admission ticket legal relationships, with respect to visiting the event, are incurred only between the customer and the respective organizer. During the order procedure the customer can see who the organizer is and can also send any related enquiries to Qtixx by e-mail under email@example.com. The events are carried out by the respective organizer at the latter’s own responsibly. The respective organizer is thus also obliged to bear sole and exclusive responsibility as regards provision and fulfilment of the respective event. With respect to the relationships between customers and the organizer, it is possible, as regards the acquisition of admission tickets relating to the event, that an organizer will apply its own standard terms of business, that the customer must observe, where applicable. In particular, the respective organizer can make admission to and attendance of the event dependent on the prior acceptance of its standard terms of business by the customer.
II. Ordering Procedure, Conclusion of Contract, Customer Support
Via the Qtixx platform the customer can choose between the events offered by the various organizers, and can select the admission tickets for these. Tickets can be gathered in the field “Tickets in den Warenkorb legen” [Place Tickets in the Shopping Basket]. By clicking the field “Zahlungspflichtig bestellen” [Payment-Binding Order] – after providing further order details – the customer subsequently makes a binding offer for conclusion of a contract on the purchase of the selected admission ticket(s). Before sending the order the customer can check the details given at any time, and can change these, or can return, via a navigation area, to the individual ordering stages. The customer can only submit an offer if he or she has already accepted the present Standard Terms of Business of Qtixx by placing a tick before the statement “I have read and accept the STB.”
If the desired order has been placed as required, a separate e-mail will be sent giving a customer number and a transaction number for the respective organizer. Only with the receipt of the customer number or transaction number does the organizer accept the customer’s contract offer and a binding contract is thus concluded by the customer and the organizer, but not with Qtixx. The customer thereby purchases admission tickets in his or her own name and on his or her own account.
The conclusion of the respective contracts is undertaken in the German language. Information provided in English serves solely towards better handling.
In the event of problems during the ordering procedure, particularly due to system problems, the customer is able to contact Qtixx at any time (by e-mail under firstname.lastname@example.org) to seek a solution.
III. Payment Modalities, Due Dates
All prices given by Qtixx include the respective, valid statutory value added tax. Any forwarding or processing costs incurred and other charges will be indicated to the customer on the order form and are to be born by the customer. This does not apply if the customer has a right of revocation and he or she makes use of this. The costs of returning, in the event of such revocation, must however be borne by the customer.
Payment possibilities include credit card (Visa, Mastercard), immediate bank transfer, PayPal or direct debit, depending on the organizers, the events, the ordering modalities and the technical options available.
The respective total price, including all costs and charges, is due for payment immediately after conclusion of the contract.
If, due to culpable violation of the customer’s obligation to take appropriate care ‑ as in the case of false disclosures, lack of bank-account cover, objection by a holder of the account other than the customer ‑ or for other reasons, payment is not made, or is not made in good time, Qtixx is entitled to invoice any additional costs incurred. The enforcement of further rights by Qtixx, particularly for damage caused by default, is not thereby excluded.
IV. Forwarding of Admission Tickets, Self-Print Admission Tickets, Obligations to Check on the Part of the Customer
Once the admission tickets ordered have been fully paid these are then sent to the customer within 5 workdays (Monday until Friday) of receipt of the payment (by credit card, immediate bank transfer, or direct debit) in keeping with the conclusion of contract, by standard letter. Alternatively, however, the dispatch of so-called “ticket packages” and the admission tickets contained therein is not possible until some four weeks before the event at the earliest. The dispatch of the admission tickets is undertaken at the customer’s risk.
In cases of selected organizers, Qtixx also offers the customer, directly after the conclusion of contract and payment of the admission tickets, the option of printing the purchased admission tickets, on one’s own printer. This is only possible, however, if the customer has a printer and an application for reading and printing pdf files, e.g. Adobe Acrobat Reader or Foxit Reader. For this every customer receives, at the e-mail address given at the time of purchase, a corresponding confirmation e-mail together with the invoice and admission ticket(s). These admission tickets are independently printed before the event; a readout on the mobile phone alone is not enough. The customer bears responsibility for ensuring that each admission ticket is printed once only. Each admission ticket will be scanned before entry or will be compared with the guest list. Should a check (scan) indicate double-printing of admission tickets and thus a verifiable duplication, the customer will be liable for any resulting damage.
Immediately after receipt of the admission tickets the customer is obliged to check these for their correctness, particularly with respect to the event (name, place, date, time of day), the number of admission tickets and the prices and seating. Complaints about faulty admission tickets must be made immediately after receipt of the consignment. Complaints must be made in text form (section § 126b of BGB [German Civil Code]) and must be sent to Qtixx GmbH (Kurfürstendamm 216, 10719 Berlin, Germany, fax +49 30 991948449, e-mail email@example.com). The incorrectly issued admission tickets must be returned to Qtixx GmbH (Kurfürstendamm 216, 10719 Berlin, Germany).
Should the postal consignment not have been received within 3 days of the date of dispatch, the customer must contact Qtixx by e-mail (firstname.lastname@example.org). The dispatch of a new admission ticket can, on principle, only be made after receipt of the admission ticket originally sent to the customer.
V. Return, Loss or Destruction of Admission Tickets
With the exception of the statutory obligations, there is in principle no entitlement to the return or to the recollection of admission tickets. Admission tickets are only taken back by the organizer if the event is cancelled. In cases of a (locational or temporal) transferral of an event the purchased admission tickets in principle retain their full validity. In such cases the customer is nevertheless entitled to return his or her admission ticket(s) to the organizer in good time, before the beginning of the newly scheduled event. To return booked admission tickets these must be sent to Qtixx GmbH (Kurfürstendamm 216, 10719 Berlin, Germany).
On principle, neither Qtixx nor the organizer provide restitution –whether as money or as reprints – for admission tickets that have been lost or destroyed.
VI. Cancellation of Events or Changes in the Venue or in the Dates, Customer’s Duty to Inform
Since organizers reserve the right to cancel events and to change the location or the date of an event, attention is solicitously drawn to the fact that Qtixx, which is not the contracting party as regards the implementation of the event, has no obligation to inform the customer, particularly with respect to cancellation or relocation of an event. Any return of tickets takes place in keeping with point V above.
The details relating to the individual events, particularly the place, date and time of day, can unfortunately not be checked by Qtixx and are made available to Qtixx by the respective organizers. For this reason no guarantee as to the correctness of the details published by Qtixx can be given, for which reason liability can only be accepted within the framework of liability in keeping with point IX.
The customer is obliged to seek information on the event in good time, and at the latest on the day of the event, whether from the respective organizer directly, or from the latter’s Internet site, or from the daily press.
VII. Prohibition on Resale of Admission Tickets
With the exception of registered advance booking offices, Qtixx mediates in the sale of admission tickets solely to end customers. Resale of the admission tickets is prohibited. Qtixx and the respective organizers reserve the right, in cases of violations against the prohibition on resale, to block die affected admission ticket(s).
VIII. Information on Visiting the Event
Qtixx solicitously draws attention to the fact that the respective organizer has issued regulations for each admission ticket offered. In particular the relationship between the customer and the organizer has been regulated by the organizers on the basis of their own standard terms of business. A violation of these provision or regulations, including the house rules of the respective venue for event, can entitle the organizer to exclude the customer from the event or from the venue.
The respective organizer can also make admission to and attendance of the event dependent on prior acceptance of its standard terms of business by the customer.
Please notice that, in principle, an admission ticket loses its validity on leaving the venue at which the event is held. Deviating regulations of individual organizers remain unaffected by this.
Attention is drawn to the fact – also against the background of the prohibition on resale – that the bar code on the admission ticket can only be read once.
Qtixx is liable for defects in keeping with the associated statutory regulations.
Qtixx is not liable for the correctness and completeness of the organizers’ details passed on via the Qtixx Internet pages. This applies in particular, though not exclusively, to data and information on the time, place, viewing possibilities, program or casting of the event.
All claims of the customer to compensation are in principle excluded. The aforementioned and otherwise stipulated restrictions and exclusions of liability referred to in these Standard Terms of Business do not, however, apply to claims to compensation of the customer arising from loss of life and limb, from damage to bodily health, or from liability for other damage that is due to intentional or grossly negligent breach of duty by Qtixx, or to intentional or grossly negligent breach of duty by a legal representative or agent of Qtixx, or to compensation claims of the customer arising from violation of essential contractual obligations (cardinal duties). An essential contractual obligation in the aforementioned sense is one the fulfilment of which makes the proper and orderly implementation of the contract possible in the first place and with respect to which the customers regularly trust and may justifiably place their trust in. In cases of slightly negligent violation of essential contractual obligations, the liability of Qtixx is nevertheless limited in amount to a level of damage that is not contractually untypical and is not unforeseeable.
Liability in keeping with the Product Liability Act remains unaffected.
X. Right of Revocation
If Qtixx, or the respective organizer, offers services in the area of leisure activities, particularly admission tickets for events, there is no right of revocation. The reason for this is that, in the case of contracts on the provision of services in connection with leisure activities, if the contract for such provision foresees a specific date or period, no right of revocation exists (section § 312g, paragraph 2, sentence 1, no. 9 of BGB [German Civil Code]) Each order for admission tickets placed is thereby binding directly after submission of the order and obliges the customer to acceptance and payment of the admission tickets ordered.
XI. Data Protection
In the context of the processing of the orders Qtixx collects person-specific data of the customer and thereby observes in particular the provisions of the relevant data-protection regulations as well as of the German Telemedia Act. In an automated procedure the data (particularly name, address, e-mail, telephone number, order data) is collected, processed and used in the quantity necessary for the foundation, organization, implementation or amendment of the contractual relationship. Qtixx is entitled to transfer this data to third parties charged with the implementation of the purchase contract, particularly to the organizers, in as much as this is necessary for carrying out and fulfilling the contracts concluded.
Except for processing of the customer’s orders and of the contract, Qtixx and the respective organizer may collect, process and use person-specific data of the customer for purposes of customer advice, advertising and market research by Qtixx and the respective organizer for their own purposes and for requirement-specific design only with the explicit approval of the customer. Such approval can be revoked by the customer at any time, without having to give reasons, by e-mail sent to email@example.com.
XII. Applicable Law, Place of Jurisdiction, Place of Performance
The legal relationship between Qtixx and the customer is subject to German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG, UN purchase law).
If the customer is a businessman, the sole place of jurisdiction for all disputes arising from the contractual relationship between the customer and Qtixx is the place of registration of Qtixx in Berlin, Germany. In all other cases Qtixx or the customer can raise suit before each court of jurisdiction in keeping with the statutory regulations.
If the customer is a businessman the sole place of performance for deliveries, services and payments is Berlin. In all other cases the statutory regulations apply.
XIII. Final Provisions
In the event that individual points of these Standard Terms of Business are legal ineffective, the remaining parts are still binding. In place of any ineffective parts, the statutory provisions then apply. Should this prove to be unreasonably hard on one of the contracting parties, the contract will then be ineffective.
The present Standard Terms of Business come into force with immediate effect and replace all previous terms of business of Qtixx.