General Terms and Conditions

This translation has been generated automatically and is for informational purposes only. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

1. Contact details, scope of application

1.1 Our contact details are

Konzert Theater Kontor Heinersdorff GmbH
Alsterterrasse 10
D-20354 Hamburg
Service hotline: +49 211 13 53 70

Contact details of the company data protection officer:

Dr Uwe Nolte
Dr Nolte Datenschutzu & QM
Am Ziegelteich 44 b
D-22525 Hamburg
Phone: +49 160 63 222 32
Email: [email protected]
Homepage: datenschutz-qm.de

1.2 These General Terms and Conditions (GTC) apply to events offered by us - either in our own name or in the name of another promoter. They apply to both tickets and subscriptions.

1.3 Should other GTC be included in the contract, in particular the GTC of another promoter, these GTC shall take precedence over other GTC in the event of contradictions.

1.4 In addition to these GTC, the house rules available at the event venue shall apply. In the event of contradictions, these GTC shall take precedence over the house rules.

2 Contractual partners, services

2.1 If we do not sell tickets ourselves as promoter in our own name, but rather in the name of another promoter, we act as the latter's representative. In this case, the rights and obligations arising from the event contract are established between the respective promoter and the customer, so that any claims of the customer arising from the event contract (e.g. regarding the performance of the event, cancellation, postponement, etc.) are not to be asserted against us, but against the promoter. We have been commissioned by the promoter to carry out and process the sale of tickets (execution of the order process, dispatch of tickets, payment processing, etc.). The promoter remains the contractual partner. For faster processing in the event of questions or problems, the customer is requested to contact us.

2.2 The event contract is only associated with a claim to transport with local public transport companies if this is stated in our ticket description or in the ordering process. The transport contract is concluded exclusively between the customer and the transport company; there is therefore no entitlement to transport from the promoter.

3 Order, conclusion of contract, prize draw

3.1 The customer's order in a box office, by telephone or in the online shop constitutes the offer to conclude the event contract, which is accepted by us in our own name or in the name of another promoter in accordance with the following provisions.

3.2 The contract is concluded when the customer places an order at a box office by handing over the ticket.

3.3 In the case of a telephone order, the contract is concluded by the declaration of acceptance by one of our employees on the telephone.

3.4 In the case of an order in the online shop, the contract is concluded as follows: The customer selects the ticket he intends to purchase and places it in his shopping basket. After the customer confirms that they have read the GTC, they are asked to enter their personal details or to log in by clicking on the ‘Checkout’ button. The customer is then shown the available payment methods and the contents of the shopping basket once again. After selecting the payment method, the customer is shown a summary of all order data. Once the customer has clicked on the ‘Buy now’ button, he or she places the order and thereby submits an offer to conclude a contract. The promoter's declaration of acceptance is sent by email.

As long as the ‘Buy now’ button has not been clicked, the order details can be changed or the purchase cancelled at any time. To change the order data, either the ‘back’ function of the browser can be used or the desired page of the order process can be called up via the individual buttons of the shopping basket system in order to make changes there.

The actual contract text of the order is not saved. Before sending the order, however, it is possible to view the contract data, print it out using the browser's print function and save the data yourself. This data can also be viewed in the customer account at any time after the order has been placed.

3.5 If tickets are raffled, e.g. due to high demand, an event contract is only concluded if the raffle participant has been drawn to purchase a ticket and an event contract is subsequently concluded with him/her. The details of participation and the procedure for a prize draw can be found in the respective conditions of participation for the prize draw.

Participation in the prize draw is non-binding for the prize draw participant; no costs will be charged by us or another promoter for participation in the prize draw.

Legal recourse is excluded in the prize draw. No rights can be derived from participation in the prize draw alone.

Participation in the prize draw is only permitted for the maximum number of tickets specified. Participants who circumvent this rule - e.g. by giving different names - may be excluded from the prize draw. The same applies to persons who are excluded from purchasing tickets for other reasons.

4 Price components, shipping costs, terms of payment

4.1 The amount to be paid by the customer for the tickets may exceed the prices printed on the tickets, as the box offices, for example, may charge separate advance booking fees. If processing and shipping costs are charged in our online shop, these are visible in the shopping basket before the customer places the order, so that the total price to be paid can be seen. All prices stated in the online shop include the applicable statutory VAT.

4.2 In the case of dispatch of admission tickets, dispatch shall be by ordinary post. An additional handling fee will be charged for shipping, which includes the shipping costs and is shown during the ordering process before the customer places the order.

4.3 Depending on the promoter and order modalities, the customer can choose between different payment methods, which are specified during the ordering process before the customer's order is placed and which may include, for example, the following payment methods:

• Cash payment (only in the box offices)
• prepayment
• Credit card (Visa, MasterCard / EuroCard)
• Instant bank transfer

4.4 In the case of payment in advance, the total price must be transferred to the account specified by us by the date stated on the invoice. The tickets ordered will not be dispatched until the full amount has been received.

4.5 If an instant payment system (e.g. instant bank transfer) has been selected as the payment method, the customer will be redirected either to the order overview page or to the corresponding website of the provider of the instant payment system. The corresponding selection or entry of personal data must then be made there.

4.6 We or the promoter reserve the right to restrict the use of the above-mentioned payment methods individually to the use of one or only certain payment methods.

5 Due date, retention of title, chargeback

5.1 The purchase price is due immediately upon conclusion of the contract, unless otherwise notified by us or the promoter (e.g. in the case of advance payment).

5.2 Admission tickets remain the property of the promoter until full payment has been made.

5.3 If, in the case of payment by credit card, a payment is charged back, the customer is obliged to reimburse the costs incurred by the chargeback, in particular the fees of third parties such as the banks involved. Further claims of the promoter due to default or non-performance of the customer remain unaffected by this. In order to avoid the costs associated with the return debit note, the customer is requested not to object to the debit in the event of a cancellation of the purchase contract, a return or a complaint, but to agree with us on the reversal of the payment.

6 Delivery, transfer of risk

6.1 The tickets are either handed over to the customer directly on site, sent to the customer on request or are available as a digital ticket (e.g. mobile phone ticket or ticket sent by e-mail for printing). Tickets can only be sent by post up to 10 days before the respective event at the latest. If the ticket contains a barcode, only its first use authorises admission, regardless of whether it is presented on an original ticket or in the form of a digital ticket. It is the customer's responsibility to protect their webshop account, ticket printout or digital ticket from unauthorised access by third parties. If the ticket does not contain a barcode, only the first printout presented to the admission staff authorises admission. Copies or reprints of this admission ticket are made at your own risk.

6.2 If the tickets are sent at the customer's request, the risk of accidental destruction, loss and accidental deterioration shall pass to the customer as soon as the tickets have been handed over to the shipping company by the promoter or by us as its representative. We shall select the shipping company.

6.3 If tickets are deposited in a box office or at the box office at the customer's request, the customer can only collect the tickets there during opening hours.

7 Maximum order quantity, contractual penalty

7.1 Each customer may - irrespective of the number of orders - order no more than the maximum number of tickets specified. Circumventing this prohibition, e.g. by giving different names, is prohibited.

7.2 In the event of a breach of this prohibition, the promoter is entitled to withdraw from the event contracts concluded by the customer for this event in excess of the maximum quantity (e.g. by blocking the tickets), whereby the promoter has the choice of which contracts it withdraws from in the case of contracts concluded at the same time. The customer is also obliged to pay a contractual penalty to the promoter, the amount of which is to be determined by the promoter at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed five times the value of the tickets covered by the withdrawal. If the customer is entitled to a refund due to the cancellation, the promoter may offset this against the contractual penalty. Any other contractual penalties shall be taken into account when determining the contractual penalty. The promoter's claims for damages shall remain unaffected, whereby the contractual penalties shall be offset against claims for damages based on the same facts.

8 Additional provisions for subscriptions

8.1 A subscription is valid for the booked series in the booked concert season. It is automatically extended for a further season unless it is cancelled in text form by the customer or the promoter at the end of the booked (or extended) season. The cancellation period can be found in the subscription description.

8.2 In the event of a breach of the provisions in clauses 9.6 and 9.10 (unauthorised transfer and failure to name the recipient) and clause 10.1 (purchase under a false or third-party name), the promoter is entitled to terminate the subscription extraordinarily and with immediate effect.

8.3 If the customer is prevented from attending an event from his subscription series, the promoter may offer him a voucher as a replacement if the customer waives his right to attend. The customer is not entitled to such an exchange. The voucher can be redeemed for a ticket for another event during the same concert season in consultation with the promoter and subject to availability. If the selected ticket is more expensive than the subscription price for the event not attended, the customer must pay the difference.

8.4 If an event from a subscription series is cancelled, the promoter may either refund the customer the proportionate subscription price for the cancelled event or offer the customer a voucher as a replacement. The provisions in section 8.3, sentences 3 and 4 apply to the redemption of the voucher.

9 Authorisation to attend the event, entry into the event contract, name entry on the ticket, resale and transfer bans, consequences of violations, contractual penalty

9.1 The promoter has an interest in preventing the resale of tickets at inflated prices and the risk of criminal offences in connection with attending the events. For this reason, the following regulations apply to the use and transfer of tickets.

9.2 An entitlement to attend the event exists only on the basis of the event contract which the visitor has concluded with the promoter or into which he has entered under the conditions of Section 9.4. A further prerequisite for attending the event is that the visitor presents the ticket bearing his/her name on the front. If, in the event of an authorised acceptance of the event contract and the associated transfer of the ticket, a name has already been entered, this must be crossed out and the name of the person entering into the contract must be entered on the free space on the front of the ticket without overwriting the barcode on the ticket.

9.3 Proof that the visitor is a contractual partner of the promoter and has thus also acquired the right to visit is provided by presenting the ticket and - at the request of the promoter - a photo ID. The promoter reserves the right to refuse admission to the event to ticket holders who have not acquired the right to attend, in particular by blocking the ticket. If the promoter allows the ticket holder access, he shall be released from his obligation to perform vis-à-vis the contractual partner even if the ticket holder is not a contractual partner or does not have the right to attend. Only one person is entitled to attend the event per visiting right.

9.4 The customer may only transfer the rights and obligations arising from the event contract (and thus also the right to attend) to a third party by the third party entering into the event contract in its place and assuming all rights and obligations arising from the contract (transfer of contract). This entry requires the consent of the promoter, which is hereby granted in advance subject to the restrictions contained in Section 9.5. The transfer of individual rights under the event contract, in particular the right to attend, is excluded if the third party does not simultaneously assume all rights and obligations under the event contract with the consent of the promoter. If a contractual partner of the promoter has acquired several attendance rights in a permissible manner within the framework of an event contract and transfers these attendance rights in a permissible manner to several third parties by way of transfer of contract, separate event contracts shall be concluded with the persons entering into the contract.

9.5 In order to prevent the resale of admission tickets at inflated prices and the risk of criminal offences in connection with attendance at the events, the Promoter's consent to the entry of a third party into the event contract in accordance with Section 9.4 shall not be granted in the following cases:

• In the case of the sale of admission tickets by the customer himself or by a third party if the resale price exceeds the fee paid by the customer for the respective admission ticket, including any fees such as advance booking, processing and service fees and shipping costs plus a lump sum of EUR 5.00, by more than 10%; this also applies in particular in the case of a private transfer;
• When tickets are sold in the context of auctions (in particular on the Internet) either by themselves or by third parties;
• The sale of tickets via internet marketplaces or internet ticket exchanges, either by themselves or through third parties;
• In the case of the commercial sale of tickets without the express prior written consent of the promoter;
• Passing on tickets for advertising or marketing purposes, as a bonus, promotional gift, prize or part of a hospitality or travel package, whether for a fee or free of charge, without the express prior written consent of the promoter;
• The wilful transfer of tickets to persons who are banned from the event rooms.

9.6 The resale and transfer of admission tickets in violation of Section 9.5 is prohibited. The same applies to the offering of admission tickets if the resale or transfer corresponding to the offer would violate Section 9.5.

9.7 For each violation of the prohibition mentioned in Section 9.6, the customer is obliged to pay a contractual penalty to the promoter, the amount of which is to be determined by the promoter at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500.00 per violation. The number of offences shall be determined by the number of tickets illegally offered, resold or passed on. Any other contractual penalties shall be taken into account when determining the contractual penalty. The promoter's claims for damages shall remain unaffected, whereby the contractual penalties shall be offset against claims for damages based on the same facts.

9.8 In the event of a breach of the prohibition in accordance with Section 9.6, the promoter is entitled, in addition to demanding a contractual penalty and, if applicable, compensation for damages, to withdraw from the event contract and/or to block the ticket and refuse the ticket holder admission to the event. If the customer is entitled to a refund as a result of the withdrawal or blocking, the promoter may offset this against the contractual penalty.

9.9 In the event of a breach of the prohibition in accordance with 9.6, the promoter is entitled, without prejudice to its freedom of contract, to exclude the customer from purchasing tickets in the future.

9.10. In the event of the resale or transfer of an admission ticket, the customer is obliged to inform the promoter of the name and address of the recipient of the admission ticket within 14 days at the promoter's request.

9.11. If the customer does not fulfil his obligation in accordance with Section 9.10 in due time and if, for this reason, the promoter is unable to assert a contractual penalty in the event of a breach of the prohibition in accordance with Section 9.6 by the recipient or another transferee, the promoter shall be entitled to demand a contractual penalty from the contractual partner. The amount of the contractual penalty shall be determined in accordance with clause 9.7 and with due consideration of any other contractual penalties and may be reviewed by the competent court in the event of a dispute

9.12. If we act on behalf of another promoter, we shall be entitled, in particular, to exercise the rights of the promoter regulated in this Section 9 for and on behalf of the promoter due to our position as the promoter's representative.

9.13. Clauses 9.1 - 9.12 also apply to subscription passes and their transfer for individual or multiple events. In the case of an authorised transfer, the transferee enters into the subscription contract in accordance with Section 9.4 for the events for which the subscription pass is transferred to him/her. The transfer is carried out in the same way as for a ticket, i.e. the name of the authorised person is to be crossed out and the name of the person entering into the contract is entered on the free space on the front without overwriting the barcode on the season ticket. The permissible surcharge for season ticket passes in the event of an authorised transfer in the context of a contract transfer by a third party in accordance with Section 9.5, 1st point is calculated on the basis of the total price of the season ticket divided by the number of promotions covered by the season ticket, in each case in relation to the season in question.

10. purchase under the name of a third party or by an authorised agent, contractual penalty

10.1 The purchase of tickets under a false or third-party name, in particular by operators of Internet ticket platforms, is prohibited.

10.2 The promoter is entitled to withdraw from the contract if an admission ticket is purchased contrary to the prohibition in section 10.1 and the contract was initially concluded without the promoter being aware of the violation.

10.3 The purchaser of the admission ticket is also obliged to pay a contractual penalty to the promoter for each violation of the prohibition in Section 10.1, the amount of which is to be determined by the promoter at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500.00 per violation. The number of offences shall be determined by the number of tickets purchased under another person's name.

10.4 If the customer is entitled to a refund due to the cancellation in accordance with Section 10.2, the promoter may offset this against the contractual penalty in accordance with Section 10.3. Any other contractual penalties shall be taken into account when determining the contractual penalty. Further claims for damages shall remain unaffected, whereby the contractual penalties shall be offset against claims for damages based on the same facts.

10.5 If we act on behalf of another promoter, we shall be entitled, in particular, to exercise the rights of the promoter regulated in clauses 10.1 to 10.4 for and on behalf of the promoter due to our position as the promoter's representative.

11 Discounts, verification of information

11.1 Attendance at an event at a reduced price is only possible if the respective discount authorisation is still valid on the day of the event. Proof of eligibility must be presented to the admission staff upon request. If proof is not provided, admission to the event is only possible if the difference to the full ticket price is paid. The combination of discounts (e.g. student discount and discount for people with disabilities) is excluded.

11.2 If the discount entitlement is not yet available at the time the contract is concluded, but is acquired at a later date, there is no entitlement to a subsequent discount or cancellation of the contract. The same applies if a promoter introduces and offers discount entitlements at a later date.

11.3 The customer is obliged to check the tickets immediately upon receipt to ensure that they are correct in terms of number, date and location of the event, time, discount, etc. and to make any complaints immediately. If a ticket is purchased at a box office, it must be checked immediately on site. The same applies to the confirmation e-mail sent to the customer, which must also be checked immediately upon receipt to ensure that the data is correct. Complaints about tickets not purchased on site can be made by telephone via our hotline or by e-mail. The telephone number of our hotline and our e-mail address are given in section 1.1.

12 Cancellation, postponement and changes to promoters

12.1 The promoter reserves the right to cancel or discontinue an event due to force majeure (in particular storms, earthquakes, floods, fire, war, strikes, external disruptions to operations - such as power failures), because the state security authorities advise against or prohibit the performance or continuation of the event due to the risk of a terrorist attack, or due to the prevention, illness or death of a performer, if no replacement is available or if this is indicated for reasons of piety. In this case, the customer will receive a full refund of the ticket price or - if the event is cancelled - a pro rata refund. Further claims by the customer are excluded if the promoter is not responsible for the reason for the cancellation or termination of the event. The promoter's statutory rights to cancel or discontinue an event remain unaffected.

12.2 The Promoter reserves the right to change the cast and/or programme at its reasonable discretion if a performer is prevented from attending, falls ill or dies, or to move the event to another location or another date at its reasonable discretion due to a reason mentioned in Section 12.1, provided that this is reasonable for the customer, taking into account the interests of the Promoter. In this case, the customer's cancellation and reduction rights are excluded. The promoter's statutory rights to postpone or change an event remain unaffected.

12.3 The promoter reserves the right to allocate the customer another seat for the event in question at its reasonable discretion, even after conclusion of the contract, if the seat shown on the ticket is not available (e.g. due to a defect) and this is reasonable for the customer, taking into account the interests of the promoter. In this case, the customer's cancellation and reduction rights are excluded. The promoter's statutory rights to change the location remain unaffected.

13 Liability regulations

13.1 The promoter's liability for damages resulting from injury to life, body or health, which are not based on a culpable (i.e. intentional or negligent) breach of duty by the promoter or his legal representatives or vicarious agents, is excluded.

13.2 The Promoter shall only be liable for damages other than those resulting from injury to life, limb or health if they are based on intent or gross negligence on the part of the Promoter or its legal representatives or vicarious agents. However, insofar as the damage is based on the breach of material contractual obligations (i.e. those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely), the Promoter shall be liable for any fault, but in the case of slight negligence limited to the foreseeable damage typical for the contract.

13.3 Liability under the Product Liability Act, which regulates the liability of a manufacturer for products, remains unaffected by clauses 13.1 and 13.2.

13.4 The provisions of clauses 13.1 to 13.3 apply accordingly to the liability of the promoter's vicarious agents and legal representatives. They also apply accordingly to our liability and the liability of our vicarious agents and legal representatives.

13.5 The burden of presentation and proof remains unaffected by this clause 13.

14 Wheelchair users

Spaces are available for wheelchair users. Entitlement to a barrier-free seat only exists if a corresponding need has been notified before the purchase of an admission ticket and the promoter or we as its representative have confirmed that such a seat is available.

15 Revocation

The customer cannot revoke his declaration aimed at concluding the contract, as there is no right of revocation in accordance with § 312 g para. 2 sentence 1 no. 9 BGB. The tickets can therefore not be returned.

16. Data protection

16.1 Contact details: We are responsible for data protection within the meaning of Art. 4 No. 7 GDPR. Our address and contact details as well as the address and contact details of our data protection officer, including his e-mail address, are given in Section 1.1.

16.2 Processing purpose and legal basis: Insofar as the purchase of an admission ticket or subscription requires the customer to provide personal data (hereinafter: ‘data’), this data is processed for the purpose of concluding and fulfilling the contract (including legal prosecution and debt collection) on the basis of the provisions of data protection law, in particular Art. 6 para. 1 b) GDPR. The data is also processed on the basis of data protection regulations to protect the legitimate interests of the promoter (in particular Art. 6 para. 1 f) GDPR). The legitimate interest lies - in accordance with the following provisions - in the avoidance of default by the promoter or third parties and in the transmission of product information to the customer.

16.3 Data categories: The following categories of data are processed: Master data (such as name and address), communication data, contract and order data, receivables data, payment and default information, if applicable.

16.4 Third-party recipients: Data is also exchanged with third parties (e.g. promoters, service companies) in order to fulfil the contract. Data may also be transmitted - even before the contract is concluded - to credit agencies, such as SCHUFA, in compliance with the relevant regulations, in order to avoid bad debts of the promoter or third parties, e.g. to determine the probability of a bad debt or to transmit undisputed or legally established claims of the promoter with which the customer is in default. The credit agencies also store the data transmitted to them in order to be able to provide them to their affiliated contractual partners as part of the assessment of the default risk. However, the data is only provided in this way if the contractual partners affiliated with the credit agency can demonstrate a legitimate interest in the transmission of the data. The credit agency may provide address data for the purpose of debtor identification. The customer may receive information from the credit agency about data stored about him. In the event of debt collection, data may be transmitted to the following categories of recipients if this is necessary to collect the debt: assignees, credit agencies, debt collection companies, third-party debtors, residents' registration offices, courts, bailiffs, lawyers. In the event of a breach of the provisions of Sections 9.6 and 9.10 (unauthorised disclosure and failure to name the recipient) and Section 10.1 (purchase under a false or third-party name), the data may also be passed on to third parties who require the data for the legal prosecution of similar breaches, for example a competition authority.

16.5 Product information: Data is used on the basis of the provisions of data protection law (in particular Art. 6 para. 1 f) GDPR) in order to send the customer information about other services of the promoter by post or - in compliance with Section 7 para. 3 UWG - electronically.

16.6 Data retention period: The data will be deleted immediately if there is an obligation to do so, in particular if the data is no longer required for the purposes for which it was collected and there are no retention obligations to the contrary. Irrespective of this, a review is carried out every three years to determine whether the data can be deleted.

16.7 The customer's right to object: The customer may object to data processing for the purpose stated in Section 16.5 at any time vis-à-vis the Promoter. Irrespective of this, the customer has a right of cancellation pursuant to Art. 14 para. 2 c) i.V.m. Art. 21 GDPR against the processing pursuant to Art. 6 para. 1 f) GDPR.

16.8 Other rights of the customer: If the legal requirements are met (in particular the GDPR), the customer has the following rights: right of access, rectification, erasure, restriction of processing and data portability. In addition, the customer can complain to the supervisory authority about the processing of data concerning them. The address of the supervisory authority responsible for us is: State Commissioner for Data Protection and Freedom of Information North Rhine-Westphalia, Ms Helga Block, Kavalleriestraße 2-4, 40213 Düsseldorf, telephone: 02 11/384 24-0, fax: 02 11/384 24-10, e-mail: [email protected], homepage: http://www.ldi.nrw.de

17 Dispute resolution

The EU provides an online platform for out-of-court dispute resolution for consumers under the link http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board. Should you require clarification, you can contact us at any time.

18 Choice of law, agreement on international and local jurisdiction

18.1 The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.

18.2 The German courts shall have exclusive international jurisdiction for legal disputes arising from or in connection with the event contract if the customer has concluded the contract for a purpose that can be attributed to his professional or commercial activity or if the customer had his domicile or habitual residence in the Federal Republic of Germany when the contract was concluded. Otherwise, the statutory rules of jurisdiction shall apply.

18.3 If the German courts have international jurisdiction and the customer was a merchant at the time the contract was concluded, the courts in whose district we have our registered office shall have exclusive local jurisdiction. Otherwise, the statutory rules of jurisdiction shall apply.

We have summarised everything about our prize draw terms and conditions for you here:

To the prize draw terms and conditions