1. Scope and Contractual Relations

1.1. The present General Terms and Conditions (referred to hereinbelow as the "General Terms and Conditions") apply to the brokerage by smart tickets.de Gesellschaft für Vertriebslösungen mbH, Droysenstr. 13
10629 Berlin, entered in the Commercial Register kept by the Amtsgericht (Local Court) of Berlin-Charlottenburg, HRB 145346 (referred to hereinbelow as "smart tickets" or "we") of tickets to cultural, sports or other leisure events offered by various event organizers to customers in the form of electronic tickets (referred to hereinbelow as the "Online Tickets") on the internet via the website www.tickets.de. In the event that the customer uses general terms and conditions of its own that contradict our General Terms and Conditions set out here, these shall not become a component part of the agreement unless we have consented to them in writing. The present General Terms and Conditions cover the entirety of the deliveries, work and services made, done or rendered in connection with the brokerage, acquisition and delivery of the Online Tickets as well as any general interference with the performance of obligations in the relationship between smart tickets and the customer.

1.2. We sell the Online Tickets solely as an agent acting on behalf of and on account for the event organizer. As regards the event booked itself, the exclusive contract that will come about for this transaction will be a contract between you as the customer and the respective event organizer. Potentially, the general terms and conditions of the event organizer may apply in this regard. They will apply in addition to the present General Terms and Conditions. The identity of the respective event organizer will be indicated to you in the ordering process. This means that any and all claims you as the customer may have as regards the event and its implementation or in connection with your attendance of the event are to be enforced exclusively vis-à-vis the event organizer. This shall refer in particular to claims in connection with events that are cancelled or postponed, or claims connected to changes to the program.

1.3. No right of withdrawal exists for the contracts arranged by us regarding cultural, sports or other leisure events. Your declaration of intent concerning the ordering of tickets for such events may therefore not be revoked.

1.4. You as our customer will confirm, by clicking on the button "Ich habe die Allgemeinen Geschäftsbedingungen gelesen und stimme ihnen zu" ("I have read the General Terms and Conditions and accept them"), before you place any order for Online Tickets on the respective shop pages of the individual event organizers at www.tickets.de, that you are aware of these General Terms and Conditions and that you have accepted them as being binding upon yourself. On the www.tickets.de website, the General Terms and Conditions in their respectively applicable version are available as a separate menu item.

2. Registration/ Express Purchase and Conclusion of the Contract

2.1. You may open a customer account on the www.tickets.de website in order to purchase Online Tickets. For this purpose, you must register once using the corresponding online registration form available on the www.tickets.de site, or on one of the shop sites of the individual event organizers under www.tickets.de, by truthfully entering your name, mail address and e-mail address as well as a user name and password of your choice. Once you have registered, we will e-mail a link to you by which you will need to confirm your registration. You will then be able to log onto www.tickets.de using this login information (user name, password), and also to all shop sites listed on www.tickets.de in order to acquire Online Tickets. You are under obligation to treat your login information confidentially, to not provide it to any third parties and to store it such that third parties are not able to obtain knowledge of it, also not by chance. Furthermore, you are under obligation to not allow any third parties to use your customer account by giving them your login information. Should you have reason to believe that third parties are aware of your login information, or that it has been abused, you are under obligation to inform us of this fact immediately, in writing or via e-mail. As a matter of principle, you shall be held liable for any and all activities pursued using your customer account, unless you are not responsible for the abuse of your customer account because you did not violate your duty of care.

2.2. In registering pursuant to Clause 2.1, you undertake that all of the data you have provided are correct and complete. Should the data you have provided change after you have registered, you are under obligation to modify the information of your customer account yourself without undue delay. Should your e-mail address change, we will e-mail a link to your new address by which you will need to confirm this change.

2.3. Should you not use your customer account for a period of more than one (1) year, we reserve the right to cancel your registration. You may terminate your customer account yourself at any time, provided that no unprocessed orders exist. We will then delete or block your data in accordance with statutory regulations.

2.4. Should you have an account on Facebook, it is also possible to register with us with your customer data already provided to Facebook via Facebook Connect. You will find the button on our website. After having entered your e-mail address and your Facebook password, you will permit the automatic linkage. The Facebook general terms and conditions apply to the use of Facebook and Facebook Connect. This option is available only for those shops enabling this application.

2.5. Additionally, to the extent enabled in the respective shop, it is possible to acquire Online Tickets also without opening a customer account by making an express purchase on www.tickets.de or on one of the shop sites of the individual event organizers under www.tickets.de; it is not possible to use this feature for personalized tickets. All you must do in this case is truthfully enter your name and your e-mail address prior to concluding your order under the option "Express Purchase". Once you have inserted these data, we will be sending you a link in order to confirm your e-mail address. Once you have confirmed the e-mail address by clicking on that link, you can finalize your order. Following payment, you will receive your Online Ticket as a PDF file and via a download link in an e-mail (see below Clauses 3 and 5). Using these you will also be able to download your ticket at a later time. Please store this e-mail carefully in order to retroactively allocate your Online Ticket to a customer account (for example in those cases in which you wish to retroactively inspect your Online Tickets pursuant to Clause 3.2 and to print them, to sell them on the Ticket Exchange pursuant to Clause 7, or to reverse the transaction if an event is cancelled or postponed pursuant to Clause 6 of the present General Terms and Conditions). In order to retroactively open a customer account on www.tickets.de, Clauses 2.1. through 2.3. apply mutatis mutandis.

2.6. The agreement as to the purchase of the Online Tickets is concluded exclusively between yourself and the respective event organizer. To the extent that events are advertised on www.tickets.de and the prospect is held out that tickets to these events will be sold, this will represent, in legal terms, nothing but a non-binding invitation to you to submit a purchase offer (so-called "invitatio ad offerendum"). This does not mean that we are guaranteeing that tickets are still available for that event. You will be deemed to have offered to conclude an agreement as soon as you have clicked on the dialog box "Jetzt kaufen" (confirm and purchase tickets) under "Warenkorb - Bestellung abschließen" (shopping cart - make an order). We will accept your offer by e-mail on behalf of the respective event organizer immediately after the conclusion of the ordering process. Should the number of Online Tickets you wish to purchase not be available, for whatever reason, you will be informed of this fact prior to the contract being concluded, and you shall no longer be bound to your offer. Aditionally, we reserve the right to refuse your offer without citing any reasons for such refusal.

3. Provision of Online Tickets and Validity

3.1. We provide a personal code (the "Authorization Code") for each booked and paid for Online Ticket. Your Online Ticket will entitle only one person each to attend the event booked. Upon leaving the event or, respectively, upon having been activated once, the Online Ticket will no longer be valid.

3.2. We will send your Online Ticket to you by e-mail and, in the event you order several Online Tickets, these further Online Tickets will also be e-mailed to you. The e-mail delivery of your Online Tickets will take place directly after conclusion of the contract, but when paying in advance, this will take place only when the payment is received in time (see Clauses 5.1 and 5.3).

3.3. Should you have a customer account with www.tickets.de, all of the Online Tickets can be once again reviewed and printed using the "Tickets" (my tickets) site on the homepage of www.tickets.de, while all Online Tickets sold by an event organizer can be once again reviewed and printed using the "Tickets" site on the respective shop site of that particular events organizer. Furthermore, you can also e-mail the tickets to a different e-mail address from the one you specified upon registration or, provided this option is indicated to you in the individual case, you can send it to a cell phone number of your choice. You will also be able to download the invoices for the Online Tickets you have purchased from the "Tickets" page.

3.4. Once we have made the Online Tickets available to you, we shall have fulfilled all of our obligations regarding the purchase of the Online Ticket. We wish to expressly note that no further tickets will be sent by post and/or fax and/or any other means.

3.5. You alone are responsible for securing your Online Ticket and in particular for ensuring the authorization code it contains is not made available to third parties. You will not be able to take recourse, vis-à-vis smart tickets or the event organizer, to stating that another person has obtained access to the event by presenting your Online Ticket. We thus ask that you ensure that only one hard copy or copy exists of your Online Ticket, in particular if this is printed once again or if you forwarded by e-mail. Should you fail to do so, there is a risk that another person will attend the event using the additional Online Ticket and will invalidate the authorization code, which can be used only once - thus preventing you from attending the event. Also, you should store your Online Ticket with the same care that you exercise in keeping your cash so that no unauthorized person can prepare copies or fraudulently use the Online Ticket in any other way.

3.6. It is expressly prohibited to use your Online Ticket in several instances.

4. Erroneous Orders of Online Tickets

4.1. You alone are responsible for the data you enter into the order form. Any orders placed in error, in particular any orders you make for other dates than the one intended, or for any other event than the one intended, will be charged to you, taking account of the options to correct the order provided for by law.

4.2. Once you receive your Online Ticket, you are under obligation to check immediately whether it corresponds to your order, and to inform us of any deviations via e-mail. You will then receive another Online Ticket from us. Should we have issued an Online Ticket that contains errors and should we not be able to issue any Online Tickets any longer at the time of your notice, because the event has been sold out, for example, we will of course reimburse you for any payments you have made to us. Any claims to compensation of damages on behalf of the customer pursuant to Clause 13 shall remain unaffected hereby.

5. Payment and due date

5.1. Depending on the event, you may pay for your Online Ticket by credit card and/or by advance payment by bank transfer and/or by PayPal and/or by Sofort transfer (Clauses 5.2. - 5.4.). The ticket price, which is composed of the basic ticket price, convenience charge, public transport charges and other charges respectively, including VAT (referred to below as the "Ticket Purchase Price") is due for payment immediately after the conclusion of the contract. By way of exception to this, when paying in advance, the Ticket Purchase Price should be transferred in full to the account stated in the contract confirmation information.

5.2. Such payment by credit card will be implemented via an encrypted online payment system (SSL Secure Socket Layer) of up to 128 bit, depending on the configuration of your computer's browser. This payment by credit card requires you to provide us with the name of the credit card holder on the corresponding input form, the credit card number as well as any security PIN, if available, and the "valid thru" period of the credit card. It is not admissible to use so-called virtual credit cards or, respectively, pre-paid credit cards, which entail payments being made not on the basis of credit, and instead using previously deposited funds, such that the amount to be paid is deducted from such pre-paid funds. In the case of withdrawal of the Ticket Purchase Price by your bank, we have the right to disable your Online Ticket without further notice. Thereafter, entry to the event with this ticket is no longer possible (even by late/subsequent payment).

5.3. In the case of advance payment, your booked Online Tickets will be reserved for you by our ticket system for five (5) days. Your payment must be received by the date communicated in the contract confirmation into the account specified therein (see Clause 5.1). The transaction depends on the timely payment of the Ticket Purchase Price by you (referred to by legal experts as "relative obligation to perform at a fixed point in time"). If the payment is not received, the reserved tickets will be automatically released from our system for sale in the interest of other fans. In this case for the organizer and us adhering to the contract with you is no longer reasonable. If we first gave you a period of grace for payment before withdrawing from the contract, this would be to the detriment of other fans, would lead to an increased administrative burden and favor the advance payment method over the other payment options. For the reasons mentioned, we and the organizer reserve the right to immediately rescind the contract without a further deadline being required (Sec. 323 para. 2 no. 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)).

5.4. Until payment is made in full, the event organizer reserves the right to use the Online Ticket to access the event booked pursuant to Clause 5.2. or Clause 5.3.

6. Return of Online Tickets / Reimbursement of the Ticket Purchase Price in Case of Cancellation or Postponement

6.1. As a matter of principle, you as a customer will have a claim to returning the Online Ticket and being reimbursed for the Ticket Purchase Price, not including the convenience charge, only if events are cancelled and/or postponed. This claim concerns the implementation of the event and is thus a claim vis-à-vis the event organizer. In such event, smart tickets will accept to reverse the transaction in the context of the contractual relationship between the customer and the event organizer, to the extent the event organizer makes available the corresponding amounts to smart tickets. We are not under obligation to reimburse the convenience charge paid to the event organizer.

6.2. smart tickets is to be informed of the claim to reimbursement of the Ticket Purchase Price, not including the convenience charge, within the meaning of Clause 6.1.,

a) Should the event be cancelled without any other date being scheduled, at the latest four (4) weeks following the date of the event that was cancelled;
b) Should the event be postponed to a replacement date: at the latest by midnight of the day preceding the replacement date.

6.3. The Online Ticket Purchase Price will be reimbursed by clicking on the link for reimbursements in the menu item "Tickets" on the page www.tickets.de, or in the menu item "Tickets" on the shop site of the respective event organizer. You will be informed of the corresponding procedure by e-mail if an event is cancelled and/or postponed. Should you have acquired your Online Ticket by an Express Purchase, you will need to initially allocate this to your customer account, using the link set out in that e-mail. If you do not have a customer account yet, you will need to register in order to open a customer account; the process will be indicated.

6.4. Your rights to rescind the contract within the scope provided for by law, or to demand compensation for damages in the event the event organizer is responsible for a violation of its obligations, shall remain unaffected. However, the enforcement of claims to compensation of damages and/or the reimbursement of expenditures shall be subject to Clause 13. hereof.

7. Ticket Exchange

7.1. You have the option of selling your Online Ticket via the Ticket Exchange wherever this function is enabled in the respective shop. For this purpose, you will need to click on the field "Verkaufen" (sell) for the respective ticket in the menu item "Tickets" of your customer account. Should you have acquired your Online Ticket in an Express Purchase, you will have to allocate the Online Ticket to your customer account via the corresponding link in the e-mail by which we have sent the Online Ticket to you. If you do not have a customer account yet, you will need to register in order to open a customer account; the process will be indicated.

7.2. You are the one determining the price at which you intend to offer your Online Ticket. However, the maximum price for the sale is the original Ticket Purchase Price (Clause 5.1.). Once the price has been entered and you have clicked on the "OK" button, your Online Ticket will be offered for sale. Until a third party has purchased the Online Ticket, you have the option at any time to retract your offer via the field "Verkauf stoppen" (stop sale) in the menu item "Tickets".

7.3. In order to prevent tickets from being re-sold at inflated prices (scalping), you are specifically prohibited from abusing the Ticket Exchange. Such abuse is in particular deemed to be given if you offer personalized tickets (Clause 10) for sale via the Ticket Exchange and subsequently purchase these tickets yourself, either on your own behalf or on that of another party, or if you have a third party purchase them as per your instructions, in order to in this way "re-personalize" the tickets without complying with the pre-requisites set out in Clause 11.4 et seq. (identification). In the event of any violation, Clause 12 shall apply.

7.4. If you offer a personalized Online Ticket which you have purchased for another person (Clause 10.1) via the Ticket Exchange, you declare that you are entitled to sell this Ticket for the person for whom you have purchased it.

7.5. As soon as your Online Ticket has been sold, this will be indicated to you in the menu item "Tickets" by the notice "verkauft!" (sold!), and you will receive a notice from us via e-mail. The purchaser will receive a new Online Ticket, and your Online Ticket will be blocked simultaneously and will no longer entitle you to access the event. The sales price of the Online Ticket will be credited to your account or your credit card account.

7.6. Should Online Tickets be offered in the Ticket Exchange for any specific event, you may click on the field "Ticketbörse" (Ticket Exchange) in the course of the ordering process and then place the Online Ticket into your shopping cart. For the purchase of an Online Ticket via the Ticket Exchange, we charge a Ticket Exchange Fee. You will see the actual amount of the Ticket Exchange Fee for the specific event in the Ticket Exchange before the purchase. In all other regards, the provisions of the present General Terms and Conditions, in particular Clauses 8. - 11., shall apply for the purchase of an Online Ticket via the Ticket Exchange.

8. Special Provisions for Limited Ticket Purchases

8.1. For certain events, a restriction of a maximum number of Online Tickets per person will be determined. In the ordering process, these events will be marked with a corresponding notice as to the restrictions applying to the number of tickets. For these events, you may acquire only the number of tickets that is indicated to you in the course of the ordering process; this applies regardless of the number of order processes you may initiate. It is expressly prohibited that one person, or several persons who have affiliated themselves with others for the purpose of commercially trading tickets or selling them as a business, purchase(s) a greater number of tickets than that specified, for example by providing different e-mail addresses or using different payment means (particularly by using pre-paid credit cards deployed for the purpose of purchasing a greater number of tickets than is admissible), or by circumventing this rule in any other way.

8.2. For any instance in which Clause 8.1, sentences 3 and 4 hereof is culpably breached, the event organizer may demand that you pay a contractual penalty, the amount of which the event organizer may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. As a general rule, the amount of the contractual penalty shall be based on the number of tickets purchased in violation of Clause 8.1, sentences 3, with this number being multiplied by the Ticket Purchase Price (Clause 5.1.). The maximum contractual penalty shall amount to EUR 5,000.00. Any further-reaching claims to compensation of damages or demands for payment of a contractual penalty for any other violations of the present General Terms and Conditions shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages. Additionally, in the event of a violation, Clause 12 shall apply.

8.3. smart tickets reserves the right to exclude any acquirer in future from any acquisition of Online Tickets via www.tickets.de who has violated the stipulations of Clause 8.1 sentences 3 and 4 hereof. This exclusion will be implemented by disabling the customer account.

8.4. Should smart tickets have disabled your customer account pursuant to Clause 8.3. hereof, you shall be prohibited in future of once again registering under your own name or any other name on www.tickets.de. In the event of this prohibition being culpably breached, smart tickets may demand that you pay a contractual penalty, the amount of which smart tickets may determine at its equitable discretion, and which, in the event of a dispute, may be reviewed before a court. The maximum contractual penalty shall amount to EUR 1,000.00. Any further-reaching claims to compensation of damages shall remain unaffected hereby. Any contractual penalty paid shall be set off against a claim to compensation of damages.