for concert events of SIXX PAXX Concert GmbH
1. SCOPE, CONTRACTUAL RELATIONS
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to concerts organized by SIXX PAXX Concert GmbH, Chemnitzer Str. 11, 12621 Berlin, Managing Directors: Sebastian Corsten, David Joachimstaler, registered at the District Court of Berlin, HRB: 189001 B (hereinafter referred to as "we" or "SPC"). They govern the relationships between SPC and the ticket buyers (hereinafter referred to as "you" or "customer"). The GTC are part of the contract for the purchase of concert tickets (hereinafter referred to as "tickets"). If the customer uses their own differing GTC, these will not become part of the contract unless we have expressly agreed to them in writing.
1.2 By purchasing a ticket, you as our customer confirm that you have read these GTC and accept them as binding. In the case of online ticket purchases, confirmation is given by clicking the button "I also confirm that I have read the General Terms and Conditions of the organizer and agree to them".
1.3 In addition to these GTC, the GTC (including house rules) of the respective venue owner also apply at the event venue. Reference is made to these.
2. CONTRACT CONCLUSION, TICKET PURCHASE PRICE AND DUE DATE, NO RIGHT OF WITHDRAWAL AND EXCLUSION OF CHILDREN UNDER 6 YEARS
2.1 Tickets can be purchased directly through one of our distribution partners at pre-sale outlets, over the Internet, or through ticket hotlines. The sale of the tickets is mediated by our distribution partners on behalf of and for the account of SPC. The GTC of the distribution partners also apply in addition to these GTC and must be observed. In the case of conflicting provisions, the present GTC of SPC prevail.
2.2 When purchasing tickets, a contract for attending the concert event is always established between you as the customer and SPC as the organizer. The ticket purchase price, which consists of the base ticket price, pre-sale fee, public transportation fees, and other charges, inclusive of statutory VAT (hereinafter referred to as "ticket purchase price"), is fully due to SPC as the organizer. The ticket purchase price is due for payment immediately upon conclusion of the contract, unless a different payment term is specified during the ordering process. Our distribution partner may charge additional fees in its own name. You will be informed of this during the ordering process.
2.3 The tickets remain the sole property of SPC until the full payment of the ticket purchase price has been made and do not entitle entry to the booked event until then.
2.4 The contract for attending concert events is a contract for leisure activities, to which customers have no right of withdrawal. Therefore, you cannot revoke your declaration of intent regarding the order of tickets for leisure activities.
2.5 The sale of tickets to persons under sixteen (16) years of age is prohibited. They may also not purchase a ticket as authorized third parties. Persons under sixteen (16) years of age are not granted access to the event, even if accompanied by a person with parental authority or a legal guardian.
3. VALIDITY OF TICKETS
3.1 Your ticket entitles only one person to enter the booked event. Upon leaving the event or once activation (online tickets) has occurred, the ticket loses its validity.
3.2 Multiple use of the ticket is expressly prohibited.
I will continue with the rest of the sections in subsequent responses to ensure all content is translated accurately and completely. Please let me know if you need any specific sections prioritized or if you have any other preferences.
Sie
continue
ChatGPT
ChatGPT
Certainly! Here's the continuation of the translation for the next sections:
4. RETURN OF TICKETS, TICKET PURCHASE PRICE REFUND IN THE EVENT OF CANCELLATION OR RESCHEDULING
4.1 Generally, there is only a right to return tickets and receive a refund of the ticket purchase price, excluding the pre-sale fee, in the event of cancellation and/or rescheduling of events.
4.2 The claim for a refund of the ticket purchase price, excluding the pre-sale fee, must be asserted no later than four (4) weeks after the date of the cancelled event in the case of an event being cancelled without replacement. If you are prevented from making a timely claim for a refund for reasons not attributable to you – for example, due to illness – you are responsible for proving the circumstances that justify your non-fault.
4.3 The pre-sale fee is not refundable. Against the claim for a refund of the pre-sale fee paid to us in the event of your withdrawal from the event contract, we will offset our claim for compensation in the amount of the pre-sale fee. In the event of a withdrawal, you are obligated to compensate us for the brokerage service you received when purchasing the ticket through us and our distribution partner.
4.4 Any additional fees charged by our distribution partner in their own name (see section 2.2) are subject to the GTC of the distribution partner for refunds.
4.5 You must address the claim for a refund of the ticket purchase price, excluding the pre-sale fee, to the distribution partner from whom you purchased the tickets. Unless our distribution partner specifies a different refund procedure, the refund of the ticket purchase price, excluding the pre-sale fee, will only be made upon presentation of the original tickets. In the event of the loss of tickets, neither ticket purchase price refunds nor the issuance of replacement tickets are possible.
4.6 A refund of the ticket purchase price in the event of rescheduling of SPC events is not possible. Tickets already purchased retain their validity for the rescheduled date.
4.7 Your rights to withdraw from the contract or to demand compensation for a breach of duty attributable to SPC, in accordance with statutory provisions, remain unaffected. However, the assertion of claims for damages and/or reimbursement of expenses is subject to the limitation of liability under section 10.
5. SPECIAL PROVISIONS FOR LIMITED TICKET PURCHASES
5.1 For certain events, the purchase of tickets is limited to a maximum number per person. These events are marked with a corresponding notice on the restricted ticket purchase or it is pointed out during the ticket purchase process. You may only purchase the number of tickets specified as the maximum amount for these events, regardless of the number of purchase transactions. Any purchase transactions exceeding this number by a person or several persons connected for the purpose of commercial or professional ticket trading, e.g., by using different email addresses or different payment methods (especially prepaid credit cards used for the purpose of purchasing more than the permissible amount of tickets), as well as other circumventions, are expressly prohibited.
5.2 For each case of culpable violation of section 5.1 sentences 3 and 4, SPC can demand from you the payment of a contractual penalty, the amount of which SPC can determine at its reasonable discretion and which can be reviewed by a court in case of dispute. Typically, the amount of the contractual penalty is based on the number of tickets purchased contrary to section 5.1 sentences 3 and 4, multiplied by the ticket purchase price (section 2.2). The contractual penalty shall not exceed EUR 5,000.00. Further claims for damages or demands for contractual penalties due to other breaches of these GTC remain unaffected. A paid contractual penalty will be credited against a claim for damages. In the event of a violation, section 9 also applies.
6. RESTRICTIONS ON THE PURCHASE AND TRANSFER OF TICKETS
6.1 For reasons of fairness, to prevent the resale of tickets at inflated prices, and to avoid associated damage to the reputation of SPC as the organizer, it is in the interest of SPC to restrict the purchase and transfer of tickets. You are obligated to purchase tickets exclusively for private use. In particular, you are prohibited from: a) Transferring or selling tickets without prior express consent from SPC, or purchasing tickets on behalf of a third party if done as part of a commercial or professional activity, b) Offering tickets for sale as part of unauthorized online auctions by SPC, c) Selling tickets to third parties without prior express consent from SPC for profit, or purchasing tickets on behalf of a third party to profit from brokerage activities, d) Transferring or selling tickets for purposes of advertising, marketing, as a bonus, promotional gift, or prize, or as part of an unauthorized hospitality or travel package by SPC, e) Selling tickets at the event venue, f) Acquiring tickets through a commercially or professionally acting third party acting on your behalf, unless the fees paid to the third party for this purpose do not exceed 15% of the ticket purchase price (section 2.2) in total.
6.2 For each case of culpable violation of the prohibitions contained in section 6.1, SPC can demand from you the payment of a contractual penalty, the amount of which SPC can determine at its reasonable discretion and which can be reviewed by a court in case of dispute. Typically, the amount of the contractual penalty is based on the current offer or resale price, but at least on the ticket purchase price of the tickets offered or transferred in violation of section 6.1. The total contractual penalty shall not exceed EUR 7,500.00. Further claims for damages or demands for contractual penalties due to other breaches of these GTC remain unaffected. A paid contractual penalty will be credited against a claim for damages.
6.3 In the event of a violation of section 6.1 f), the contract for attending the event does not come into effect, as the representation in this case is excluded. The ticket purchase price already paid (section 2.2), excluding the pre-sale fee, will be refunded to you in this case. An already issued ticket will be blocked by us or our distribution partner and thus loses its validity.
I will continue with the remaining sections in the next response.
Sie
continue
ChatGPT
ChatGPT
Sure, here's the continuation and completion of the translation:
7. SPECIAL PROVISIONS FOR THE PURCHASE OF PERSONALIZED TICKETS
7.1 For certain events, tickets are personalized, meaning that only the person who is the holder of the right to attend is entitled to demand entry. Their name is part of the ticket. These events are marked with a corresponding notice on the personalization of tickets or it is pointed out during the ticket purchase. You are obligated to purchase the tickets exclusively for private use. The first name and last name you provide at the time of purchase are noted on the ticket. If it is possible to purchase multiple personalized tickets, you are required to immediately provide the true first and last names and email addresses of the other person(s) for whom the personalized tickets are to be issued during the purchase. The legal transaction depends on the timely and truthful provision of the different names of the ticket holders at the time of purchase, as the tickets are issued immediately thereafter on the names specified in the purchase process ("relative fixed obligation"). A violation of the obligation to provide different names leads to significant extra effort for SPC due to later requests for re-personalization and conflicts at entry control. Additionally, concerts are shown as sold out, although SPC can withdraw from the contracts due to violations of the obligation to provide different names, thereby making seats available again. Should SPC have to set a reasonable deadline before withdrawal, this would disadvantage other fans and facilitate unauthorized ticket trading at inflated prices. In the event of multiple entries of the same name during purchase contrary to the aforementioned provision, SPC reserves the right to withdraw from the contract immediately without setting a deadline (§ 323 Para. 2 No. 2 BGB). Furthermore, you are required to confirm that you are authorized to personalize the ticket or tickets on behalf of third parties. In these cases, the contract is concluded exclusively between you and SPC. The additional persons named by you are merely favored by this contract and receive their own right to attend the event (§§ 328 ff. BGB).
7.2 The right to attend the event is based only on the contract you have concluded with SPC (section 2.2). Moreover, your name must be noted on the ticket. Due to the contract concluded between you and SPC, third parties for whom you have purchased a personalized ticket are also entitled to attend the event. The name of this third party must be noted on their ticket. The right to attend the event also exists for persons who have entered into the contract with SPC according to section 7.4. The name of this person must be noted on their ticket. A prerequisite for attending the event is also that you or the person for whom you purchased the ticket or who has entered into the contract with SPC according to section 7.4, must be able to identify themselves at the entrance control upon request with a valid passport, ID card, driver's license, credit card, or EC card.
7.3 SPC is not obligated to request the presentation of the aforementioned documents at the entrance control to verify the entitlement of the ticket holder. SPC will also be released from its obligation to perform to its contractual partner if another person gains access to the event by presenting the ticket. Each ticket entitles only one person to attend the event.
7.4 You may transfer your rights and obligations from the contract with SPC (and thus the right to demand entry to the event) only by having a third party enter into the contract in your place, assuming all rights and obligations. This entry requires the consent of SPC, which is hereby granted in advance under the restrictions mentioned in section 7.5.
7.5 For reasons of fairness, to prevent the resale of tickets at inflated prices, and to avoid associated damage to the reputation of SPC as the organizer, SPC's consent to the entry of a third party into the organizer contract according to section 7.4 will not be granted in the following cases: a) In the case of transferring or selling tickets or purchasing tickets for a third party, if this occurs as part of a commercial or professional activity without prior express consent from SPC, b) In the case of selling tickets as part of unauthorized online auctions by SPC, c) In the case of selling tickets at a price that exceeds the ticket purchase price (section 2.2) plus expenses incurred by the seller otherwise due to the purchase or resale of the ticket (but no more than 15% of the ticket purchase price), d) In the case of selling tickets to profit from them or purchasing tickets on behalf of a third party to profit from the brokerage activity, e) In the case of transferring and/or selling tickets for purposes of advertising or marketing, as a bonus, promotional gift, or prize, or as part of an unauthorized hospitality or travel package by SPC, f) In the case of selling tickets without reference to these GTC, especially section 7.4 and this section 7.5. In these cases, both the offer and the transfer and/or resale of the tickets are prohibited. Selling tickets at the event venue is also prohibited.
7.6 For each case of culpable violation of the prohibitions contained in section 7.5, including the prohibition of offering tickets in the cases mentioned in section 7.5, SPC is entitled to demand from you the payment of a contractual penalty. The amount of the contractual penalty can be determined by SPC at its reasonable discretion and may be reviewed by a court in case of dispute. Typically, the amount of the contractual penalty is based on the current offer or resale price, but at least on the ticket purchase price of the tickets offered or transferred in violation of section 7.5. The total contractual penalty shall not exceed EUR 7,500.00. Further claims for damages or demands for contractual penalties due to other breaches of these GTC remain unaffected. A paid contractual penalty will be credited against a claim for damages. In the event of a violation, section 9 also applies.
8. TRANSFER AND RE-PERSONALIZATION OF PERSONALIZED TICKETS
8.1 Subject to sections 7.4 and 7.5, i.e., only under the condition that the third party enters into the contract with SPC under the inclusion of these GTC and SPC has granted its consent according to section 7.4, you are entitled to transfer a personalized ticket you have purchased, i.e., the right to attend, to a third party. After this transfer (§ 398 BGB), the re-personalization of the ticket to the new holder of the right to attend must occur.
8.2 For the re-personalization of the ticket according to section 8.1, you must know the name of the person to whom you want to re-personalize the ticket.
8.3 The re-personalization of the ticket is carried out by the distribution partner where you purchased your ticket (section 2.1).
8.4 To ensure that re-personalizations are carried out exclusively by the entitled party, you must identify yourself at this distribution partner with a copyable official identification document (not the ID card or passport), which shows the identity of the ticket holder (e.g., health insurance card, driver's license). Our distribution partner checks whether the name on the ticket matches the name on the document. Your data will not be used for purposes other than verifying whether the person intending to re-personalize the ticket is actually identical to the ticket purchaser.
8.5 If you want to re-personalize a ticket that you have purchased for another person (section 7.1), our distribution partner will ask you to present a copyable official identification document (not the ID card or passport) of this person, from which the identity of the ticket holder is apparent (e.g., health insurance card, driver's license). Our distribution partner checks whether the name on the ticket matches the name on the document. By providing the identification document, you assure that you are authorized to re-personalize the online ticket purchased for another person and to present a copyable official identification document (not ID card or passport) for this third party. Your data will not be used for purposes other than verifying whether the name noted on the online ticket matches the name on the identification document.
8.6 Once the re-personalization of the ticket is complete, the originally issued ticket is blocked. It no longer entitles the holder to entry.
8.7 The distribution partner charges a processing fee for the re-personalization, which will be communicated to you before the re-personalization.
8.8 The re-personalization can only be carried out no later than 6 (six) hours before the start of admission.
9. BLOCKING OF PERSONALIZED TICKETS
9.1 In the event of a violation of the prohibitions contained in sections 5.1 or 7.5, SPC is entitled to block the affected tickets with a refund of the ticket purchase price, excluding the pre-sale fee, and deny the respective ticket holder access to the event.
9.2 In the event of a repeated violation of the prohibitions contained in sections 5.1 or 7.5, SPC is entitled to block the affected tickets without replacement, i.e., without refunding the ticket purchase price paid.
9.3 The blocking may also be carried out by the distribution partner on behalf of SPC. Additionally, the GTC of these distribution partners may provide further reasons for the blocking of tickets.
10. LIABILITY OF SPC
10.1 SPC is liable without limitation for all damages to life, body, and health caused culpably within the scope of the contractual relationship. The same applies to all cases of mandatory statutory liability, in particular under the Product Liability Act, as well as in the case of assuming a guarantee.
10.2 In the case of a breach of essential contractual obligations (so-called cardinal obligations) based on simple negligence and not covered by section 10.1, SPC is liable limited to the replacement of the foreseeable, typical contractual damage. Cardinal obligations of SPC include those obligations whose fulfillment enables the proper execution of the contract and on whose compliance you can regularly rely.
10.3 Otherwise, SPC is only liable for gross negligence or intentional breach of contractual obligations.
10.4 To the extent that SPC's liability is excluded or limited according to the above paragraphs, this also applies to the liability of its legal representatives and vicarious agents.
10.5 No liability is assumed for the visitors' wardrobe at the venues.
11. CUSTOMER DUTIES DURING THE EVENT
11.1 Dangerous items such as gas containers, pyrotechnic articles (e.g., torches, fireworks, or sparklers), laser pointers, weapons of any kind, and objects that can be used as projectiles – especially bottles and cans – are not allowed at any event.
11.2 Tape recorders, film, photo, or video cameras are not allowed to be carried or operated at the event. This also applies to mobile phones with camera functions. Recordings of any kind are prohibited – any misuse will be prosecuted.
11.3 In the event of a violation of section 11.2, SPC and its employees are entitled to confiscate recording devices and cameras and retain them until the end of the event for a fee. Films and recording materials of any kind that have captured parts of the event may be confiscated by SPC and kept. They will be returned to the owner after they have agreed to delete the recordings beforehand.
11.4 SPC reserves the right to deny access to the concert event to individuals violating the aforementioned paragraphs or to exclude them from the event.
12. AUDIO AND/OR VISUAL RECORDINGS BY MCT
In the event that image and/or sound recordings, such as radio or television recordings, are made during the event by authorized persons, you consent to possibly being recorded in image and/or word and that the recordings may be reproduced, distributed, and publicly displayed, especially broadcasted, without entitlement to compensation, unless legitimate interests of yours are opposed.
13. APPLICABLE LAW, JURISDICTION
13.1 If the customer is not a consumer, exclusively German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 The place of performance and jurisdiction is Berlin, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law.
14. FINAL PROVISIONS
14.1 Up to the time of conclusion of the contract, SPC has not made any agreements or assurances besides these GTC, either orally or in writing.
14.2 Should individual provisions of this contract be or become wholly or partly invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the non-included or ineffective general terms and conditions, statutory law applies (§ 306 Para. 2 BGB). Otherwise, the parties will replace the invalid or ineffective provision with an effective regulation that comes as close as possible economically to it, provided no supplementary interpretation of the contract takes precedence or is possible.
