A. Visitor Contract
General Terms and Conditions for visiting the PDC European Tour of Langenbahn von Moltke GmbH, Leopoldstraße 32, 80802 Munich and the Darts Galas of Moltke Promotion GmbH & Co. KG, Leopoldstrasse 32, 80802 Munich (hereinafter: Organiser).
1. Scope of application
These General Terms and Conditions (GTCs) apply to all services provided by Langenbahn von Moltke GmbH, Leopoldstraße 32, 80802 Munich, in connection with organisation of Dart Events by the Organiser, and Moltke Promotion GmbH & Co. KG, Leopoldstraße 32, 80802 Munich, in connection with organisation of Darts Galas. They shall apply alongside the other General Terms and Conditions (including stadium or event regulations, which shall be displayed at the stadium entrance or at the entrance to the respective venue). In the relationship between the Organiser and the Customer these GTCs precede any stadium or event regulations.
The sale of tickets for the Organiser’s events is exclusively for private, non-commercial use by the Purchaser. Commercial use means resale for profit or with the intention of making a profit. The admission tickets are personalised. The Purchaser acquires a personalised visit right for each ticket purchased, which only applies to the Ticket Holder whose name is printed on the ticket or entered in the space provided on the ticket.
§ 2 Conclusion of contract, cancellation, return and refund rights
Upon conclusion of the Event Contract with an authorised pre-seller, the ticket Purchaser Event Contract with the Organiser only comes about by handing over the tickets or sending the e-ticket.
The Organiser is entitled to cancel an order for which a transaction number has already been allocated (unilateral right of withdrawal) if the ticket Purchaser culpably violates the conditions that were pointed out in the presale or if they attempt to circumvent them (e.g. violation of the restriction on the ticket quantity per ticket Purchaser, violation of the ticket GTCs, in particular against resale prohibitions, attempts to bypass by logging in and using multiple user profiles, etc.). The declaration of cancellation/withdrawal may also be made implicitly by crediting back the monies paid. The aforementioned right of withdrawal is governed by §§ 346 ff. of the BGB (German Civil Code), excluding § 350 BGB.
In the event of a breach of the obligations under § 2, the Organiser is entitled to withdraw from the Visitor Contracts concluded for the respective event day by blocking the tickets and to demand from the Purchaser a contractual penalty, the amount of which may exceed the value of the blocked tickets by a maximum of 100% as determined by the Organiser at its reasonable discretion, and which can be reviewed by the competent court in the event of dispute. The contractual penalty may be set off against the claim for refund by the Customer due to the cancellation and blocking of the tickets. Any other contractual penalties shall be taken into account when setting the contractual penalty. Further claims for damages remain unaffected thereby, whereby the contractual penalty is credited against claims for damages.
Tickets may not be exchanged. However, tickets will be taken back by the Organiser and the purchase price refunded if the event is cancelled by the Organiser and/or the event is rescheduled to another day. When purchasing tickets via the Internet offer, the purchased tickets must be sent to the Organiser by post in the event of a return. In all cases, there will only be a refund upon presentation of the original ticket.
If an event has already started before carrying out the event becomes impossible, the above provision shall apply accordingly to the part of the event which is affected by the impossibility. If an event has already started and is cancelled without any fault of the Organiser after more than one third of the average duration of an event of the relevant kind, the ticket price will not be refunded. Any claim of the Visitor to (at least pro rata) ticket refunds expires after 6 months, if the Organiser is not responsible for the impossibility of carrying out the event.
§ 3 Permission to visit the event, transfer of tickets, contractual penalty
Upon conclusion of the contract and full payment of the fee, the Purchaser acquires the right to visit the event (visitation rights). The proof that the Visitor is a Contractual Partner of the Organiser and has thus acquired the right to visit is provided by presenting the ticket and – upon request of the Organiser – a photo ID. The Organiser reserves the right to refuse the visit of Ticket Holders who have not acquired the right to visit the event, in particular by blocking the ticket. If the Organiser allows the Ticket Holder access, they shall be released from its obligation to perform vis-à-vis the Contractual Partner even if the Ticket Holder is not the same as the Contractual Partner entitled to attend the event. A further prerequisite for attending the event is that the Visitor presents the ticket bearing their name on the front. If a name has already been entered in the case of a legitimate takeover of the Visitor Contract and the associated passing on of the ticket, this name must be erased and the name of the person entering the contract entered in the free area of the front without the ticket number or other identification features being overwritten. By presenting the ticket at the entrance to the event (in particular by inserting the tickets into the readers), the Visitor declares to be entitled to attend the event and, in addition, to accept the house and user rules.
The Purchaser indemnifies the Organiser against any damage caused by the Purchaser/Visitor purchasing the tickets not disclosing the ticket terms and conditions to the other Visitors for whom they have purchased tickets.
A private transfer of a ticket for non-commercial reasons, in particular in individual cases of illness or other prevention of the ticket Purchaser, is permissible if there is no case of inadmissible transfer within the meaning of the provision in § 3, section 5.
The Customer may transfer the rights and obligations arising from the Visitor Contract (and thus also the visitation rights) to a third party only if the third party enters the Visitor Contract in their place, assuming all rights and obligations. This admission requires the Organiser’s consent, which is hereby granted in advance under the conditions contained in § 3 section 5. The transfer of individual rights from the Visitor Contract, in particular the visitation right, is excluded in the absence of any of the conditions described in clauses 1 and 2. Insofar as a Contractual Partner of the Organiser has acquired a number of visitation rights within the scope of a Visitor Contract in a permissible manner and assigns these visitation rights to several third parties in a permissible manner, separate Visitor Contracts with the entering people are created by the admission.
in order to avoid violence and criminal offences in connection with attending the event, to enforce house bans and to prevent the resale of tickets at excessive prices, i.e. in the interest of maintaining a social price structure, the Organiser’s consent to the admission of a third party into the Visitor Contract pursuant to § 3 section 4 shall not be granted in the following cases: (1) upon sale of the visitation rights or tickets, if the offered resale price exceeds the original price printed on the ticket by more than 15% (plus a flat rate of €2); this also applies in particular in the context of a private transfer; (2) upon the sale of the visitation rights or tickets in the context of auctions not authorised by the Organiser (in particular on the Internet) or via internet marketplaces not authorised by the Organiser or by third parties; (3) commercial or commercial sale of the visitation rights or tickets without the express prior written consent of the Organiser; (4) in the event of intentional sale of visiting rights or of tickets to persons who have been banned for security reasons; (5) upon the sale (including free transfer) of visiting rights or tickets for advertising, marketing, as a bonus, giveaway, prize or part of an unauthorised hospitality or travel package; (6) upon sale (including the free transfer) of the visitation rights or tickets without express reference to these ticket GTCs, in particular to the transfer restrictions of this § 3.
A passing on or offering of visit rights or tickets in violation of the cases listed in § 3 section 5 is prohibited. For any culpable violation of any of these prohibitions, the Contractual Partner shall be obliged to pay a contractual penalty, the amount of which shall be determined by the Organiser at its reasonable discretion and in the event of dispute may be reviewed by the competent court, which may amount to a maximum of €2,500. Decisive for the number of violations is in particular the number of illegally offered visitation rights or tickets as well as the amount of resale prices.
In the event of a violation of the prohibition pursuant to § 3 section 5, the Organiser is entitled to withdraw from the Visitor Contract and/or to block the tickets and to deny the Ticket Holder admission to the event. If the Contractual Partner has a claim for a refund due to the withdrawal or blocking, the Organiser is obliged to consider this in the context of determining the contractual penalty. The right of withdrawal according to clause 1 also applies to other Visitor Contracts that the Customer has concluded with the Organiser.
In the event of a breach of the prohibition pursuant to § 3 section 5, the Organiser reserves the right, without prejudice to its freedom of contract, to exclude the respective Contractual Partner from the ticket purchase in the future at its reasonable discretion, if necessary to prohibit admission to events of the Organiser and, if necessary, to initiate further legal measures.
§ 4 Assignment of other seats
The Organiser reserves the right to assign the Visitor a different seat for the respective event even after conclusion of the contract, if it is not possible for the Organiser to make the seat designated on the ticket available for reasons beyond its control (e.g. construction) and the substitute allocated seat is comparable.
§ 5 Limitation of liability
The Organiser, their legal representatives or their vicarious agents are only liable for intent or gross negligence. In the event of breach of essential contractual obligations, liability also exists for simple negligence, but limited to the foreseeable damage typical for the contract. Claims for damages resulting from injury to life, limb or health as well as under the Product Liability Act (ProdHaftG) remain unaffected by the above limitations.
§ 6 Conduct at the venue; picture, sound and video recordings
For conduct at/in the venue, the respective house rules apply, which are displayed at the entrances to the venue and the contents of which are accepted by the Visitor upon presentation of the ticket at the entrance to the venue.
It is prohibited to bring in glass containers, cans, recording devices, bulky items, coolers, pyrotechnic items, torches, sparklers, weapons and similar dangerous objects, and animals. It is also prohibited to bring your own food to the event. Failure to comply with this prohibition may result in being banned from the venue area. The Organiser is entitled to take objects of the aforementioned type into temporary custody and possession.
It is permissible to bring a photo, film or video camera which, according to its equipment and size, is obviously recognisable as being used for private purposes, insofar as it is used to produce photographs for private use only. No interchangeable lenses. Any other use of these recordings or transferring the recordings outside the private sphere to third parties or publication in the media or on the Internet requires the prior written consent of the Organiser as to their admissibility, which must be applied for in writing with proof of the recording to be used. In general, photography using a flash is not permitted.
Within the framework of the event, the Organiser is entitled to take pictures of the Visitor and their companions, which go beyond reproduction of the current happenings of an event (right to one’s own image), to create, duplicate or send them, or have them created, duplicated or sent, make them publicly accessible, have them made publicly accessible and otherwise use or have used them in audiovisual media, without remuneration.
The house rules of the venue’s operator and the instructions of the security personnel, as well as the Organiser’s employees must be complied with.
The Organiser expressly points out that Visitors whose conduct violates the house rules of the venue or these GTCs may be expelled from the event venue grounds, and additionally that they may be liable to pay the Organiser compensation for damage resulting from this conduct.
Open wearing of football fan clothing shall also be considered a violation of these GTCs, which justifies expulsion from the event grounds or refusal of admission (i.e., especially scarves, t-shirts, jerseys etc.).
Each spectator must leave the event immediately after the end of the session, which also applies to a day or tournament ticket between the first and the second session.
§ 7 Applicable law, data protection, jurisdiction
German law applies exclusively. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The Organiser processes transmitted personal data in compliance with the applicable data protection regulations. For safety reasons and to avert dangers, parts of the event can be monitored by video. Order data processing is performed pursuant to Art. 6 para. 1 lit. a) – f) GDPR, for example, on the basis of consent, to fulfil the contract and to safeguard the legitimate interests of the Organiser or third parties. Otherwise, reference is made to the Organiser’s privacy statement (also with reference to data subject rights), available at: https://www.pdc-europe.tv/datenschutzerklaerung/.
If the Contractual Partner is a merchant as defined in the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, or if the Contractual Partner has no general jurisdiction in Germany or has a domicile or habitual residence that is unknown at the time legal recourse is sought, then the exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship is Munich.
§ 8 Alternative dispute resolution in accordance with the German consumer dispute resolution act
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: the European Commission provides a platform for online dispute resolution at http://ec.europa.eu/consumers/odr/finden.
The Organiser points out that it is unwilling and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 9 Concluding provisions
Should individual clauses of these GTCs be or become wholly or partially invalid, this will not affect the validity of the legal relationship between the Organiser and the legitimate ticket Purchaser, nor the validity of the remaining clauses or the remaining parts of such clauses.
Version: November 2018
B. Agency Contract for tickets
The General Terms and Conditions of the ticket system of the company AFFILITIX Services GmbH (agent), Edisonstr. 63, 12459 Berlin, (hereinafter referred to as AFFILITIX) for Agency Contracts for tickets concluded via the Internet.
SCOPE OF APPLICATION
The following General Terms and Conditions (hereinafter referred to as the GTCs) apply to brokering the purchase of tickets for events (in the following: tickets) via AFFILITIX’s Internet offer. The GTCs apply to all current business relationships. Deviating, contradictory or supplementary General Terms and Conditions will not form part of this contract, even where knowledge of such exists, unless when their validity is expressly agreed in writing.
GENERAL TERM DEFINITIONS
A consumer in the sense of the GTCs is any natural person who concludes a transaction for a purpose which cannot be attributed to either commercial or independent professional activity. An entrepreneur in the sense of the GTCs is any natural or legal person or legal partnership acting in the exercise of commercial or independent professional activity. A Customer in the sense of the GTCs is both s consumer and an entrepreneur.
SCOPE OF SERVICES AND CONTRACTUAL PARTNER
AFFILITIX only acts as an agent for the offered events. The Contractual Partner of the contract, for each specific event, is always the respective Organiser. By purchasing the ticket, contractual relationships with regard to the event visit are concluded exclusively between the Ticket Holder (hereinafter referred to as the Customer) and the respective Organiser. It is expressly pointed out that these legal relationships may be subject to the Organiser’s own General Terms and Conditions. By ordering the tickets, the Customer commissions AFFILITIX to handle the purchase of the ticket including shipping, i.e., with regard to the ticket price to be paid including VAT, AFFILITIX is merely a collection agency. The Contractual Partner for the provision of the service provided by AFFILITIX (hereinafter referred to as the Event Contract) is exclusively the respective Organiser of the selected event, with respect to whom any claims for breaches of duty relating to the performance of the event must be asserted. In that regard, additional GTCs of the respective Organiser may also apply.
CONCLUSION OF THE CONTRACT
By downloading the ticket or the Customer’s receipt of the order confirmation, the contract between the Customer and the respective Organiser regarding the event visit is concluded in accordance with the contract conditions applicable in the respective individual case.
No responsibility is taken on for the correctness of the information on the ticket shop website.
AFFILITIX handles the sale and delivery of the tickets in the name and for the account of the offering Organiser. The prices mentioned during the ordering process are inclusive prices. They include all fees and taxes.
The tickets will be sent either as electronic tickets via email (online ticket) or as paper-printed tickets (hard ticket).
Payment for the tickets can be made by direct debit, advance payment or credit card, at the Customer’s discretion. The total price of the order is due immediately upon conclusion of the contract.
With regard to the transfer of tickets, the regulations of § 3 (authorisation to visit the event, transfer of tickets, contractual penalty) of the Visitor Contract apply.
The time of delivery depends on the chosen payment method. Delivery of the ordered tickets will be initiated at the time AFFILITIX receives the payment.
EXPIRATION OF THE ONLINE TICKET AND/OR HARD TICKET PROCEDURE
For online tickets: the Customer receives the ordered tickets as an online ticket. Printing a ticket only entitles the Customer to a one-time admission and visit to the respective event. If the Customer has not received the order confirmation with the ticket within 12 hours of the booking, they must contact AFFILITIX by email without further delay. This also applies to problems with printing the online ticket or if the online ticket is incorrectly issued.
For hard tickets: the Customer receives an order confirmation by email. Shipping of the hard tickets is performed within 5 business days after order confirmation and complete payment. Hard tickets are sent by DHL parcel or by German post. In addition to the ticket price, a shipping fee of EUR 4.95 for shipping within Germany and EUR 7.90 for shipping to the rest of the world will be charged. Hard tickets can only be ordered up to 7 days before the start of the event. A hard ticket only entitles the Customer to a one-time admission and visit to the respective event. If the Customer has not received the order confirmation within 12 hours of the booking, they must contact AFFILITIX by email without further delay. This also applies in the event that the hard ticket is issued incorrectly or delivery is not made within the expected delivery period.
Online tickets, such as hard tickets, must be kept in a secure place and protected against misuse.
WITHDRAWAL AND RETURN POLICY
The Agency Contract concluded with AFFILITIX constitutes a contract in the sense of § 312 b para. 3 no. 6 BGB (German Civil Code). Accordingly, the provisions of §§ 312 b ff. BGB also do not apply to customers who are consumers if the entrepreneur (here: AFFILITIX) undertakes, upon conclusion a contract in the area of leisure events, to provide the service at a certain time or within a specified period. Each order of tickets is thus binding immediately after confirmation by AFFILITIX and the Customer is required to accept and pay for it. Return and exchange of the ticket are excluded.
WITHDRAWAL IN EVENT OF RESCHEDULING OR CANCELLATION OF THE EVENT
If the event is cancelled or if there is rescheduling of events that AFFILITIX sells in the name and for the account of other Organisers, the regulations of the respective Organiser apply. The decision on the type and extent of reversing the transaction and on refund of the ticket price to the Customer is then the responsibility of the respective Organiser.
Insofar as AFFILITIX is provided with information about cancelled or changed event dates or the venue, the Customer will be informed by AFFILITIX by email to the extent possible and as soon as possible after having become aware of this information. A possible reverse transaction will be performed exclusively between the Customer and the respective Organiser. This will be announced as part of the ordering process and will also be noted on the tickets.
AFFILITIX reserves the right to withdraw from the Agency Contract in the event of impossibility or obvious price error. This also applies in particular to cases of force majeure. In the event of AFFILITIX’s withdrawal, AFFILITIX will inform the Customer as soon as it is aware of all factors that could justify the impossibility and immediately reimburse the Customer for any services or partial services rendered on its part.
AFFILITIX is liable for damages resulting from injury to life, limb or health unless AFFILITIX or a vicarious agent has acted neither intentionally nor negligently.
AFFILITIX is liable for damage to property and pecuniary loss due to pre-contractual, contractual or legal liability in the event of intent or gross negligence. In addition, AFFILITIX is also liable for an ordinary negligent breach of essential contractual obligations (so-called cardinal obligations), i.e. of contractual obligations whose breach jeopardizes the achievement of the purpose of the contract; however, in the case of ordinary negligent violation of essential contractual obligations, the liability is limited to the contractually typical damage foreseeable at the time the contract was concluded.
Liability due to mandatory legal regulations remains unaffected.
If the Customer is a merchant on the sense of the German Commercial Code (HGB), Berlin is the exclusive (and international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. AFFILITIX reserves the right to seek redress at any other international competent court. The same applies to non-merchants in the event of cross-border contracts.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the Customer has their habitual residence, remain unaffected.
Should one or more provisions of these General Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
Version: November 2018