General terms and conditions for booking tickets (public & hospitality),
as well as lifestyle, group and adventure travel through SPORTKULTOUR GMBH, represented by the managing director Christopher Plank, Albrecht-Dürer-Straße 1c, 46539 Dinslaken, Germany.
Last updated 1 January 2019
SPORTKULTOUR GMBH is a service provider of additional services associated with procuring tickets and vouchers for sports and lifestyle events, adventure and group travel as well as top-level hotel packages and any associated individual services for events at home and abroad. SPORTKULTOUR GMBH does not act as the organiser of the events offered. The events offered are carried out by the respective organiser, who also issues the tickets.
Contractual relations regarding attendance of the event are, therefore, only concluded between the ticket holder (customer) and the respective organiser. The organiser’s own general terms and conditions may apply to these contractual relationships. Information on this can be found on the respective tickets/admission authorisations. SPORTKULTOUR GMBH exclusively mediates the event contract with the associated services and has no contractual relationship with any of the organisers or the organiser’s contractual partners.
For all contracts concluded with sub-suppliers and tour operators concerning the procurement of tickets or conducting travel, the general terms and conditions and travel conditions of the respective operator or sub-supplier shall apply.
The following general terms and conditions of SPORTKULTOUR GMBH form the sole contractual basis of all bookings for all deliveries and services, including the supply of information by SPORTKULTOUR GMBH.
1. Conclusion of the contract
1.1 All offers made by SPORTKULTOUR GMBH are subject to availability at the time of booking.
1.2 The offer for the conclusion of a contract is made by SPORTKULTOUR GMBH once the invoice/order confirmation has been sent. The invoice/order confirmation is legally valid upon acceptance.
1.3 SPORTKULTOUR GMBH provides no guarantee for the accuracy of the information found online (homepage, Facebook, Twitter).
1.4 In individual cases, the customer shall authorise SPORTKULTOUR GMBH to directly conclude contracts with sub-suppliers, marketers and organisers on its behalf.
2. Payment methods & price elements
2.1 Orders can be paid after SPORTKULTOUR GMBH has sent the invoice by bank transfer, credit card or Paypal. Payment of invoices for tickets/admission tickets/access authorisations of any kind are due immediately after conclusion of the contract. In the case of an invoice for travel services, a separate due date shall be agreed with the customer, depending on the short-term nature of the order.
2.2 The ticket prices for events can deviate considerably from the organiser’s printed ticket prices, especially in the case of sold-out events, e.g. if procurement is associated with additional costs and in some cases is only possible via intermediaries. The prices indicated by SPORTKULTOUR GMBH already include all fees, such as reseller charge, service fees, system fees, agency services and VIP service. Any shipping costs incurred are shown separately in the invoice.
3. Cancellation policy – returning tickets and right to withdrawal
3.1 Tickets, special events, table reservations and other mediated and already performed services are generally excluded from exchange and return; in these cases, there is no distance selling contract in accordance with Section 312b BGB (German Civil Code). This means that a two-week right to cancellation and return does not exist. Each ticket order is, therefore, binding immediately after confirmation by SPORTKULTOUR GMBH and obliges the customer to accept and pay for the ordered tickets. Exchanging, cancelling and returning the tickets is, therefore, not possible.
3.2 SPORTKULTOUR GMBH is not liable for cancellations or changes to the categorised areas by the organiser or any date changes, such as postponements and cancellations. A ticket refund is excluded in these cases. In the event of non-acceptance of ordered tickets, the entire ticket price, including all fees, shall be due. In exceptional cases and after consultation, we will try to arrange that other customers get the cancelled tickets. SPORTKULTOUR is also entitled to change the corresponding category in case of sold out events in the sense of obtaining admission so that the customer can definitely participate in the event.
3.2.1 If an event is postponed, it is up to you whether or not you are able to attend the event's alternative date. If you are not able to attend the alternative date, we will refund the printed ticket price after the goods have been returned.
3.3 SPORTKULTOUR GMBH is not liable for the loss, theft, destruction, forgetting or damage of the tickets and admission/parking passes; these will not be replaced or refunded.
3.4 SPORTKULTOUR GMBH can withdraw from the contract if, after the conclusion of the contract, circumstances essential for the execution of the contract have developed without any influence on its part in a way that makes performance become impossible or unreasonably difficult for SPORTKULTOUR GMBH (e.g. non-supply by the sub-supplier for which SPORTKULTOUR GMBH is not responsible or supply only being possible under considerably more difficult conditions). In this case, the customer shall receive a change of booking to another comparable service package or, alternatively, a refund of the booked purchase price.
3.5 SPORTKULTOUR GMBH is entitled to withdraw if the customer fundamentally breaches its contractual obligations, especially if it is accused of a breach of duty of care regarding handling the goods delivered under reservation of title.
3.6 For table reservations, e.g. for Oktoberfest in Munich or Cannstatter Wasen, we reserve the right to change to another tent with possibly different admission times and food and drink credits for good cause.
4.1 Tickets shall be sent once payment has been received. For most events, tickets are sent out about 1-2 weeks before the event. The tickets are usually delivered by insured shipping via DHL Express. For larger quantities, particularly high value orders, express deliveries or delivery abroad, insured shipping is charged at an additional cost. In the case of short-term orders, tickets can also be deposited or handed over on site. SPORTKULTOUR GMBH assumes no liability for any depositing and shipping.
4.2 Please check the tickets delivered to you immediately after receipt to ensure that they match your invoice or, if applicable, booking confirmation. In the case of obvious wrong deliveries, notably incorrectly issued tickets (wrong seat category, wrong event), you will receive a replacement free of charge in return for the tickets that have already been delivered if you inform us of the error in writing immediately after receipt of the shipment.
5. Basis of services in connection with ticket procurement
5.1 SPORTKULTOUR GMBH acts on the basis of these general terms and conditions exclusively as an agent of high-quality additional services and VIP services, individual tourist services (e.g. hotel stays), externally organised package travel as well as other travel services (combination of tickets and hotel accommodation).
By commissioning SPORTKULTOUR GMBH, the customer uses the services of SPORTKULTOUR GMBH starting with research into the desired events and the associated desired services for attending the event. With regard to these services, a contractual relationship is established exclusively between SPORTKULTOUR GMBH and the customer from the time of booking by the customer.
For bookings, the content of the contracts concluded with SPORTKULTOUR GMBH, including the contractual conditions, on the basis of which the customer enters into a contractual relationship, is decisive. The validity of any general terms and conditions of the customer is explicitly excluded.
Tickets for events are brought onto the market by the respective organisers, usually either as non-personalised tickets or as personalised tickets. While in the case of the former, the event organisers allow free circulation, resale or other third-party use of the tickets, for the latter case, the organisers often use various means to make the further circulation/reissue of personalised tickets to other persons difficult, limited or in some cases impossible. In this case, SPORTKULTOUR GMBH is only liable for the printed ticket price. The service provided, such as a search query for the corresponding event, remains basically valid as a billable service to the customer.
6. Reservation of title
6.1 Each admission ticket or access authorisation delivered by SPORTKULTOUR GMBH remains its property until the purchase price has been paid in full and all claims resulting from the business relationship have been settled in full (extended reservation of title). Under no circumstances may admission tickets be collateralised to third parties in the course of regular business transactions.
7.1 SPORTKULTOUR GMBH is not liable for any damages that occur during the respective event; also not for the content, execution, course of events, or the quality of the event.
7.2 The right of the customer to withdraw from the contract due to a breach of duty for which the organiser or SPORTKULTOUR GMBH is not responsible and which does not constitute a defect in the service is excluded.
7.3 Telephone confirmations regarding events, dates, seat reservations, etc. shall only become binding upon written confirmation and upon full payment without any exceptions. Reservation confirmations are always non-binding, as reservation periods vary for every event and can be changed by the organiser at any time, even at short notice. In these cases, SPORTKULTOUR GMBH does not assume any liability.
7.4 Furthermore, SPORTKULTOUR GMBH is only liable to the following extent: compensation for damages instead of performance (in the event of non-fulfilment, Section 280 Para. 3 in connection with Section 281 BGB) as well as damages caused by delay (Section 280 Para. 2 in connection with Section 286 BGB) is limited to reliance interest, compensation for damages due to performance not rendered or not rendered as owed (Section 282 BGB) is limited to the amount of the purchase price printed or stated by the supplier. Compensation for damages instead of performance shall be ruled out in cases where a performance obligation is excluded (impossibility).
7.5 Compensation for damages shall be excluded if the customer has contributed to the fault, e.g. insufficient acts of cooperation (e.g. also insufficient defect messages and organisational errors), notably the obligation to cooperate with data transmission of mobile tickets or electronic tickets.
7.6 Any claims by the customer based on non-execution or defective execution of the event are directed exclusively against the organiser. The customer bears the risk of insolvency of the organiser. Except in the cases mentioned in Paragraphs 7.1 to 7.4, SPORTKULTOUR GMBH is not liable for damages caused by simple negligence.
7.7 Legal basis in the event of impediments to performance (force majeure clause)
In the event of force majeure, the performance obligation and also the customer’s compensation claim against SPORTKULTOUR GMBH is completely void. The right of the customer to withdraw from the contract at the time the force majeure becomes known is also excluded. This is because SPORTKULTOUR GMBH is only an agent for all of its services and cannot derive any compensation claims against the organiser.
Example: cancellation of a major event by regulatory authorities of any kind or by the organiser itself, or the event being carried out under difficult conditions or even with the exclusion of the public (e.g. football matches or concerts). In this case, SPORTKULTOUR GMBH is generally not liable for any damages as these measures can neither be influenced nor changed by SPORTKULTOUR GMBH.
Force majeure typically includes:
- Natural disasters of any kind (hurricanes, strong storms, tornadoes)
- Epidemics and diseases
- Wars and civil wars
- Possibly also short-term changes to the laws of the respective countries
7.8 If the liability of SPORTKULTOUR GMBH is excluded or limited in accordance with the aforementioned paragraphs, this also applies to the liability of its vicarious agents and assistants.
8. Data privacy
8.1 Orders are processed with the help of automatic data processing. The customer hereby gives SPORTKULTOUR GMBH its explicit consent to process its data within the scope of contractual relations and for order processing. The customer also agrees that SPORTKULTOUR GMBH may pass on the data received from the business relationship with it within the meaning of the German Data Protection Act for business purposes to natural or legal persons who carry out the contract for attending the event, notably to the respective organiser.
8.2 If the customer does not agree with the transfer of its data necessary for the execution of the contract, it must inform SPORTKULTOUR GMBH immediately. It is responsible for any resulting disruption in the execution of the contract.
9. Final clauses
9.1 The laws of the Federal Republic of Germany shall apply exclusively, even for international ticket purchases, that is if tickets are sent to a country other than Germany or if the contract has any other foreign elements.
9.2 The sole place of performance for delivery, service and payment is the registered office of SPORTKULTOUR GMBH, Albrecht-Dürer-Straße 1c, 46539 Dinslaken, Germany, if the customer is an entrepreneur within the sense of Section 14 BGB.
9.3 If the customer is a merchant, the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of SPORTKULTOUR GMBH, Albrecht-Dürer-Straße 1c, 46539 Dinslaken, Germany. This also applies to non-merchants in the event of cross-border contracts. SPORTKULTOUR GMBH reserves the right to appeal to any other internationally competent court. The validity of the UN Convention on Contracts for the International Sale of Goods is explicitly excluded.
9.4 Should one or more of the aforementioned conditions be or become invalid or contain a loophole, the remaining terms and conditions shall remain unaffected.