Publishers Stiftung Oper in Berlin - Generaldirektion Stiftung des öffentlichen Rechts Generaldirektor: Georg Vierthaler
Am Wriezener Bahnhof 1 10243 Berlin T +49 (0)30 246477112
VAT ID: DE 813882722
Institutions Deutsche Oper Berlin Komische Oper Berlin Konzerthaus Berlin Staatsballett Berlin Staatsoper Unter den Linden Deutsches Symphonie-Orchester Berlin* Rundfunk-Sinfonieorchester Berlin* Rundfunkchor Berlin* RIAS Kammerchor* *) Ensembles of roc
Design W&S Epic. Berlin Technology Partner easy-connect / Ticket Gretchen GmbH
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General Terms and Conditions
Valid as of: 23.02.2022
1. Scope of application
- the respective event organizer (“organizer”) arising from the purchase of admission tickets (“tickets”) for events via the “Classic Card Berlin”, hereinafter referred to as “ClassicCard” or “marketplace” or “digital solutions”, and/or
- Classic Card Berlin / Berlin Opera Foundation (“provider”).
2. About Classic Card & subject of contract
3. Information obligations
- Essential characteristics of the tickets: a ticket entitles a person to visit an event once.
- Contractual partner from the ticket purchase contract and event contract: is the respective organizer.
- Total price/costs: the prices stated include all taxes and duties.
- Costs of remote communication: normal tariff of the user (no value-added tariffs).
- Terms of payment: immediately online via payment service provider.
- Terms of ticket delivery: as an electronic copy or – in exceptional cases – collection at the (evening) box office.
- Reference to ticket conditions of the respective organizer
- Guarantee: in accordance with Art. 434 German Civil Code (BGB).
4. Conclusion of contract
- By providing the marketplace, the provider invites users on behalf and for the account of the organizers to submit an offer to purchase tickets to the organizer; this invitation is subject to change and is non-binding.
- The order (= contractual offer) is open to natural persons who must be at least 18 years of age at the time of concluding the contract. Minors are represented by their legal representatives.
- With the order, the user bindingly declares the contractual offer. In the case of an order placed electronically, the provider may immediately confirm receipt of the order. The receipt confirmation does not constitute a binding acceptance of the order.
- The provider is entitled to accept the contractual offer (= user’s order) expressly by transmitting the electronic ticket in the name of and for the account of the organizer.
- The purchase contract for the ticket is concluded between the organizer and the user with the transmission of the electronic ticket. Thus, in addition to these GTC, the respective GTC of the organizer shall apply.
- The provider is entitled to refuse acceptance of the order on behalf of the organizer or to limit the order to a usual quantity.
- Sold tickets will not be refunded, nor will compensation be paid for expired tickets, except in the cases listed below.
- The Berlin Opera Foundation reserves the right to alter casts, and cast alterations do not entitle ticket holders to have their tickets refunded.
- If the work performed is different from that indicated when the ticket was purchased, the ticket can be returned before the beginning of the performance and the ticket price will be refunded.
- If a performance is cancelled without substitution, the ticket price will be refunded, as long as the tickets are presented or sent to Patron Services within 30 days of the scheduled date of the performance.
- If a performance is ended prematurely, patrons are entitled to have their tickets refunded only if the performance is ended before the first interval, or, if the performance does not have an interval, if it is ended before half of its scheduled duration has elapsed. Even in these cases, claims for refunds are valid only if the tickets are presented or sent to Patron Services within 30 days of the date of the performance.
- Apart from the right to have the entrance fee refunded, as provided in the above paragraphs, no other expenses or damages claimed by patrons will be paid.
- If a patron loses his/her ticket, a replacement ticket can be issued to him/her by the ticket office if he/she can credibly prove which ticket he/she purchased. The owner of the original ticket has priority over the owner of a replacement ticket.
5. Terms of payment
- Unless otherwise agreed, the user is obliged to pay the agreed fee immediately, but no later than within 14 days.
- Blocking/cancellation in case of non-payment: In case of non-payment in time or in full, the provider reserves the right to block the user’s access to the marketplace or to cancel the tickets.
- In case of late payment, the provider is entitled to charge a maximum of € 15.00 per reminder and/or to hand over the matter to a collection agency/lawyer for further enforcement. The appropriate costs of this external debt collection are also to be reimbursed by the user.
- If the user is granted installment or partial payment options, the provider/organizer shall be entitled to demand payment of all outstanding amounts from the user in the event of default after sending a written reminder and setting a grace period.
6. Retention of title
- The provider assumes liability for its services within the scope of the provision of the app, but not for the ticket purchase contract and the event contract with the organizer.
- There is no guarantee for any services provided by the provider free of charge.
- The liability of the provider/organizer and that of its organs, employees, contractors or other vicarious agents (“people”) is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to property that the provider/organizer has taken over for processing. As far as the liability is excluded or limited, this also applies to the personal liability of its vicarious agents.
- The provider renders all services according to the existing technical, economic, operational and organizational possibilities. Therefore, the provider does not assume any liability for any interruptions, disturbances, delays, deletions, faulty transmissions or a memory failure in connection with the use of services or the communication with the user.
- The user acknowledges that the services offered by the provider are also offered with the involvement of third-party network operators. The availability of the services is therefore dependent upon the technical provision of third-party network services. The provider does not assume any obligation to keep the services available online without interruption and at all times.
- For reasons of force majeure, strikes, lockouts and official orders, as well as technical changes to the provider’s equipment or maintenance work, the services may be limited for a short period of time.
- The user is entitled to use the services at his or her own risk and expense and is obliged to use only suitable technical equipment. The user is also obliged to only use the services in compliance with the legal provisions and to refrain from any improper use.
11. Uploaded Content
- The content uploaded by the user (e.g. comments, images, video) is available to all users. The provider is not able to exercise direct control over the content; therefore, the provider does not assume any responsibility for the content, accuracy and form of this content. The user is responsible for his/her own content.
- The user grants the provider a temporally, factually and geographically unlimited, transferable and non-exclusive right of exploitation and use (e.g. also for citation and reference) to the content uploaded. The provider is not obligated to maintain the availability of the content. The provider may reject content from the user at any time, publish it at another location, shorten it or delete it.
- The user undertakes to ensure the provider not to upload any content whose provision, publication, or use violates applicable laws, i.e. in particular, does not violate provisions of personal rights, data protection law, licensing law, copyright law, criminal law or the rights of third parties. The posting of anti-constitutional, racist, sexist, violence-glorifying, pornographic, inhuman, insulting, defamatory and immoral statements, images or contributions is expressly prohibited. The user undertakes to ensure in particular that the uploaded content does not violate the rights (especially copyrights) of third parties.
- The user agrees to indemnify and hold harmless the provider and its vicarious agents from and against all justified claims arising from unlawful content and to pay full compensation for any disadvantages incurred; this also includes the costs of required and appropriate legal defense.
- If a third party claims that its rights have been violated by the content, the provider is entitled to disclose the user’s stored contact details.
- Natural persons are eligible to participate (regional restrictions are listed separately).
- Employees of the provider, affiliated companies and companies cooperating in the contest are not eligible to participate.
- The provider reserves the right to exclude participants from the contest who might influence it unfairly or make the attempt to do so.
- The winners will be determined at the end of the contest and notified by email or post.
- Cash payment of the prize and legal recourse are excluded; personal taxes, duties, fees and subsequent costs shall be borne by the winner.
- Participants agree to the publication of their name and, if applicable, their photograph in the event that they win.
- After completion of the contest, the personal data collected in direct connection with the competition will be deleted – with the exception of the winner, whose data will be stored within the legal retention periods.
13. Final provisions
- For all disputes arising in connection with the present contract, including preliminary and subsequent effects, the exclusive jurisdiction of the court having jurisdiction for Berlin is agreed. The place of performance is Berlin.
- German law shall apply.
- Should any individual provisions of this contract be or become invalid in whole or in part, or should a loophole in the contract exist, the validity of the remaining provisions shall not be affected thereby.
- Amendments and additions to the contract must be made in writing. This also applies to the written form requirement itself. Transmission by email or fax is equivalent to the written form; this also applies to clicking on a corresponding button.
- Insofar as the contract refers to natural persons in the masculine form only, this is done for reasons of better readability. All personal designations apply equally to all genders.