General terms and conditions

1. Contractual Relationships

1.1. scope

These general terms and conditions (hereinafter "GTC") apply to the sale or brokerage of tickets by art @ work GmbH, Boxhagener Straße 18, 10245 Berlin (hereinafter "art @ work" or "we") for various cultural or other leisure events Organizer to customers in the form of electronic tickets (hereinafter "online tickets") on the Internet via the website www.neue-buehne-friedrichshain.de. In the event that the customer uses his own, different terms and conditions, these will not become part of the contract unless we have agreed to them in writing. These terms and conditions include all deliveries and services in connection with the brokerage of the purchase and delivery of online tickets as well as any service disruptions in the relationship between art @ work and the customer.

1.2. Contractual partner

We sell the online tickets on our own account or as an agent in the name and on account of the respective organizer. If we only act as an agent, only a contract is concluded between you as the customer and the respective organizer with regard to the booked event itself. General terms and conditions of the organizer may apply for this. These appear in addition to these terms and conditions. You will be shown who the respective organizer is during the ordering process. In the event that we act as an agent, it follows that you as a customer must assert all claims regarding the event, its design or in connection with the visit to the event exclusively against the organizer. This applies in particular to claims in connection with the cancellation or rescheduling of an event or program changes.

1.3. Right of withdrawal

There is no right of withdrawal for contracts brokered by us or for our own contracts for leisure events. You can therefore not revoke your declaration of intent with regard to ordering tickets for leisure events.

1.4. validity

As our customer, you confirm before ordering online tickets at www.neuebuehne.de by clicking the button "I have read the General Terms and Conditions and I agree to them" that you have taken note of these General Terms and Conditions and that you accept them as binding. The current version of the GTC can be accessed at any time on the website www.neue-buehne-friedrichshain.de as a separate menu field.
 

2. Conclusion of a contract

2.1. "Book now"

By clicking the “Book now” button, a binding contract is concluded. The contract for the purchase of the online ticket is concluded either between you as a customer and art @ work GmbH or between you and the respective organizer. If we only act as an agent, you will be shown during the ordering process who the respective organizer is.

2.2. Availability

Insofar as events are advertised on www.neue-buehne-friedrichshain.de and the sale of tickets for the events is promised, this is only a legally non-binding invitation to you to submit an offer to buy (so-called "invitatio ad offerendum"). We do not guarantee that tickets are still available for the event. The offer to conclude a contract is made by you as soon as you have clicked on the "Buy now" dialog box under "Shopping cart - Complete order". We will accept your offer, if necessary for the respective organizer, immediately after completing the order process by email. If, for whatever reason, the number of online tickets you require is not available, you will be notified of this before the contract is concluded and you are no longer bound by your offer. We also reserve the right to reject your offer without giving a reason.
 

3. Provision of online tickets

3.1. Authorization code

For every booked and paid ticket, we provide you with an online ticket with a personal code (hereinafter referred to as "authorization code"). Your online ticket entitles only one person to enter the booked event. When you leave the event or activate it once, the online ticket loses its validity.

3.2. delivery

Your online ticket and, in the event that you have ordered several online tickets, these additional online tickets will be sent to you by e-mail. Your online ticket (s) will be sent by e-mail when the contract is concluded, but only when the payment has been received on time when paying in advance (cf. sections 5.1 and 5.3).

3.3. Art @ work GmbH's obligations for ticket delivery

With the provision of your online ticket (s), all obligations on our part with regard to online ticket purchase are fulfilled. A further admission ticket will not be sent by post and / or fax and / or in any other way. This is expressly pointed out.

3.4. Obligations of the customer

You are solely responsible for securing your online ticket and, in particular, for securing the authorization code contained on the ticket. You cannot claim to art @ work GmbH or the organizer that another person has obtained access to the event by presenting your online ticket. Therefore, please make sure that there is only one printout or copy of your online ticket, especially if it has been reprinted or sent by you by email. Otherwise, there is a risk that another person will gain access to the event with the additional online ticket that is now available, thereby invalidating the authorization code, which can only be used once, so that you will no longer be able to attend the event. You should also keep your online ticket as carefully as you would cash, so that no unauthorized person can make a copy of it or otherwise misuse it.

3.5. Multiple use

Multiple use of your online ticket is expressly prohibited.

4. Error when ordering online tickets

4.1. Incorrect data entry

You bear the sole risk for all data you provide in the order dialog. Any order errors, especially if you inadvertently enter a date other than the desired date or an event other than the desired one, are at your expense, taking into account the statutory correction options.

4.2. Audit obligation

You are obliged to check your online ticket immediately after you have received it to ensure that it matches your order and to notify us of any discrepancies by email. You will then receive another online ticket from us. If we issued the online ticket incorrectly and no more online tickets can be arranged at the time of your notification, for example because the event is sold out, we will of course reimburse you for payments made to us. Claims for damages by the customer according to section 13 remain unaffected.
 

5. Due date and payment

5.1. Due date

Depending on the event, you can pay for your online ticket by credit card and / or in advance by bank transfer and / or by PayPal and / or by direct transfer (Sections 5.2 to 5.4). The ticket purchase price, which is made up of the basic ticket price, advance booking fee, public transport fees, and other fees including statutory VAT (hereinafter referred to as "ticket purchase price"), is due for payment immediately upon conclusion of the contract. Deviating from this, when paying in advance, the ticket purchase price must be transferred in full to the account specified there by the date stated in the contract confirmation.

5.2. payment

Payment by credit card is made via an encrypted online payment system (SSL Secure Socket Layer) with up to 128 bits, depending on the browser configuration of your computer. Payment by credit card requires the details of the credit card holder, the credit card number plus any security PIN and the respective validity period of the credit card on the input form provided for this purpose. The use of so-called virtual credit cards or prepaid credit cards, where payments are not made on a credit but on a credit basis and the amount to be paid is settled from a previously paid credit, is not permitted. If your bank withdraws the ticket purchase price, we have the right to block the online ticket without further notice. After that, you will no longer be able to access the event with this ticket (not even if payment is received late / later).

5.3. Payment in advance

When paying in advance, the online tickets you have booked will be reserved for you by our ticket system for five (5) days. Your payment must be received by the date stated in the contract confirmation on the account specified there (see section 5.1). The legal transaction stands and falls with the timely payment of the ticket purchase price by you ("relative fixed debt"). If the payment is not received on time, the reserved tickets will be automatically released for sale by our system in the interests of the other fans and it is no longer reasonable for the organizer and us to stick to the contract with you. If we had to give you a reasonable grace period for payment before withdrawing, this would be at the expense of the other fans, would lead to increased administrative costs and would prefer the payment method prepayment over fee to the other payment methods. For the reasons mentioned, the organizer and we reserve the right to withdraw from the contract immediately without the need to set a deadline (Section 323 (2) No. 2 BGB).

5.4. Right of retention

The organizer reserves the right to use the online ticket to enter the booked event until full payment has been made in accordance with Section 5.2 or 5.3.
 

6. Cancellation or postponement of the event

6.1. Return claim

A right to the return of online tickets and reimbursement of the ticket purchase price, with the exception of the advance booking fee, only exists in the event of cancellation and / or postponement of events. This claim concerns the implementation of the event and can therefore be directed against the organizer. If art @ work GmbH acted as an agent when the contract was concluded, you as a customer have no right to return the goods from art @ work GmbH. As a customer, please contact the organizer directly in this case.

6.2. Refund of the purchase price

The right to reimbursement of the ticket purchase price with the exception of the advance booking fee within the meaning of Section 6.1 is

a) in the event that the event is canceled without replacement, no later than four (4) weeks after the canceled event date,

b) in the case of a rescheduling to a replacement date, no later than midnight on the day before the replacement event

to notify art @ work GmbH.

6.3. Processing of the reimbursement

The reimbursement of the online ticket purchase price is processed exclusively via email. Please ensure that the email address given in the booking process is correct and that you have access to the given email account. We reserve the right to refuse refunds if you cannot unequivocally identify yourself as the original purchaser of the online ticket via email.

6.4. damages

Your rights to withdraw from the contract due to a breach of duty for which the organizer is responsible within the framework of the statutory provisions or to claim compensation for damages remain unaffected. However, the assertion of claims for damages and / or reimbursement of expenses is subject to Section 13.
 

7. Passing on of online tickets

7.1. Prohibition of transmission

For reasons of fairness, to prevent the resale of tickets at excessive prices and to avoid the associated damage to the organiser's reputation, it is in the organiser's interest to restrict the purchase and transfer of tickets. You undertake to purchase and use the online ticket (s) exclusively for private use. In particular, you are prohibited from:

a) To pass on or sell online tickets without the prior express consent of the respective organizer or to acquire them on behalf of a third party if this is done in the context of a commercial or commercial activity,

b) To offer online tickets for sale in the context of internet auctions not authorized by the organizer,

c) To sell online tickets to third parties without the prior express consent of the respective organizer in order to make a profit or to acquire them on behalf of a third party in order to make a profit by brokering activities for the third party,

d) to pass on and / or sell online tickets for the purposes of advertising, marketing, as a bonus, giveaway or prize or as part of a hospitality or travel package not authorized by the organizer,

e) Selling online tickets in front of the venue or

f) to purchase online tickets with the involvement of a commercially or commercially acting third party acting on your behalf as your representative, unless the fees to be paid to the third party for this amount to a maximum of 15% of the ticket purchase price (Section 5.1).

7.2. Contractual penalty

For each case of a culpable violation of the prohibitions contained in Section 7.1, the organizer can demand the payment of a contractual penalty, the amount of which the organizer can determine at its reasonable discretion and which can be reviewed by the court in the event of a dispute. The amount of the contractual penalty is generally based on the current offer or resale price, but at least on the ticket purchase price (Section 5.1) of the tickets offered or passed on contrary to Section 7.1. The total contractual penalty amounts to a maximum of EUR 7,500.00. Further claims for damages or contractual penalties due to other violations of these terms and conditions remain unaffected. Any contractual penalty paid will be offset against a claim for damages.

7.3. exclusion

Art @ work GmbH reserves the right to exclude the purchaser from purchasing online tickets on www.neuebuehne.de in the event of a breach of Section 7.1.

7.4. Consequences of a breach

In the event of a breach of Section 7.1 f), the contract for attending the event will not come into existence, as representation is excluded in this case. In this case, the ticket purchase price already paid (Section 5.1), with the exception of the advance booking fee, will be reimbursed. A ticket that has already been issued will be blocked by us and will lose its validity.

7.5. Consequences of exclusion

If art @ work GmbH has blocked you from purchasing online tickets in accordance with Section 7.3, you will in future be prohibited from purchasing an online ticket under your name or another name at www.neuebuehne.de. For each case of a culpable violation of this prohibition, art @ work GmbH can demand the payment of a contractual penalty, the amount of which art @ work GmbH can determine at its reasonable discretion and which can be checked by the court in the event of a dispute. The total contractual penalty amounts to a maximum of EUR 1,000.00. Further claims for damages remain unaffected. Any contractual penalty paid will be offset against a claim for damages.
 

8. Liability and Warranty

We exclude our liability for slightly negligent breaches of duty, unless damage resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act are affected. Furthermore, the liability for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and which you as a customer can regularly rely on, remains unaffected. The same applies to breaches of duty by our vicarious agents.
 

9. Governing Law

If the customer is not a consumer, German law is exclusively applicable to the exclusion of the UN sales law.
 

10. Prohibition of side agreements

Up to the time of the conclusion of the contract, art @ work GmbH had not made any agreements or promises in addition to these terms and conditions, either verbally or in writing.
 

11. Contact

Please direct inquiries relating to online ticket orders via www.neue-buehne-friedrichshain.de to: tickets@neue-buehne-friedrichshain.de.
 

12. Severability Clause

Should individual provisions of this contract be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. In place of the ineffective or unenforceable provision, that effective and enforceable provision should come into effect, the effects of which come as close as possible to the economic purpose pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the contract turns out to be incomplete.

The place of jurisdiction for all disputes resulting from this contract is, as far as this can be agreed, Berlin.

Online dispute resolution according to Art. 14 Para. 1 ODR-VO:

The European Commission submits

http://ec.europa.eu/consumers/odr/

a platform for online dispute resolution (OS) ready.