Rammstein Ticket Shop
MCT AGB
 
General Terms and Conditions of MCT for the Rammstein shows 2016

General Terms and Conditions

Concerning the Rammstein concerts in 2016 organized by MCT Agentur GmbH

1.         Scope, Contractual Relations

1.1       The present General Terms and Conditions (referred to hereinbelow as the “General Terms and Conditions”) apply to the Rammstein concerts organized by MCT Agentur GmbH, Fritschestrasse 27/28, 10585 Berlin, Managing Director: Scumeck Sabottka, entered in the Commercial Register kept by the Amtsgericht (Local Court) of Berlin under the number HRB: 65613 (referred to hereinbelow as “we” or “MCT”), with MCT acting as event organizer.  They govern the relationship in place between MCT and the purchasers of tickets (referred to hereinbelow as “you” or the “customer”).  The General Terms and Conditions are a component part of the agreement as to the acquisition of concert tickets (referred to hereinbelow as the “Tickets”).  In the event that the customer uses general terms and conditions of its own that contradict our General Terms and Conditions set out herein, these shall not become a component part of the agreement unless we have consented to them in writing.

1.2       By purchasing a Ticket, you as our customer will confirm that you are aware of these General Terms and Conditions and that you have accepted them as being binding upon yourself.  Should you acquire the Ticket(s) online, you will confirm this by clicking on the button “Ich bestätige außerdem, dass ich die Allgemeinen Geschäftsbedingungen gelesen habe und stimme ihnen zu” (“I furthermore confirm that I have read the General Terms and Conditions of the event organizer and accept them”).

1.3       Besides the present General Terms and Conditions, the general terms and conditions of the respective owner of the venue and its site shall apply for the respective venue (including the corresponding house rules).  These terms are included herein by reference.

2.      Conclusion of the Contract, Ticket Purchase Price and Due Date, No Right of Revocation, And Exclusion of Children under the age of six years, special terms for the ordering of Hard tickets

2.1       Tickets may be purchased directly from our distribution partner (Smart tickets.de Gesellschaft für Vertriebslösungen mbH)via the online website www.rammstein.tickets.de.  Our distribution partner brokers the sale of the Tickets on behalf of MCT and for our account.  The general terms and conditions employed by our distribution partner have equal rank with the present General Terms and Conditions and are likewise to be observed.  Where our distribution partner’s terms deviate from the MCT General Terms and Conditions, the latter shall govern.

2.2       In purchasing Tickets, an agreement as to the attendance of the concert event is concluded by you as the customer and MCT as the event organizer.  MCT as the event organizer shall be entitled to the entirety of the Ticket Purchase Price, which is comprised of the basic ticket price, the convenience charge, the charge for mass transit, and other fees, in each case including statutory VAT (referred to hereinbelow as the “Ticket Purchase Price”).  The Ticket Purchase Price shall be due for payment immediately upon the contract having been concluded, unless a different payment deadline is provided to you in the course of the order process.  It may be that our distribution partner charges additional fees in its own name.  This will be indicated to you in the course of the order process. 

2.3       Until payment of the Ticket Purchase Price is made in full, the Tickets shall remain the sole property of MCT and shall not entitle their bearer to gain admission to the event booked. 

2.4       The contract as to the attendance of concert events is a contract concerning recreational events, regarding which the customer is not entitled to any right of revocation.  Accordingly, you cannot revoke your declaration of intention regarding the order of tickets for recreational events. 

2.5       The sale of tickets to children under the age of six (6) years is hereby ruled out.  No ticket may be purchased for them (also not along with other tickets) as third-party beneficiaries.  Children under the age of six (6) years will not be admitted to the event, also not if they are accompanied by a person who is a primary carer or who is tasked with care-guardian obligations.

2.6       Whenever Hard Tickets are ordered, an additional Hard-Ticket-generation fee of EUR 2.00 will be charged.  Shipment costs of EUR 4.90 which will be itemized during the order process, will also be added to the price of each order.  Hard Tickets will be delivered only within the Federal Republic of Germany.  Mail-out will occur by no later than 12 workdays before the respective concert event.  The customer will receive an Online Ticket bearing the identical code printed on the back of the corresponding Hard Ticket.

 3.         Validity of the Tickets

3.1       Your Ticket will entitle only one person each to attend the event booked.  Once you leave the event, respectively once the Ticket’s one-off activation has taken place, the Ticket will no longer be valid.

3.2       It is expressly prohibited to use the Ticket more than once.  In the case of Hard Tickets, the customer may use either the Hard Ticket or the corresponding Online Ticket bearing the identical code to gain admission to the event.  Once the Ticket’s one-off activation has taken place, the respective duplicate copy shall also lose its validity.

 4.         Return of Tickets, Reimbursement of the Ticket Purchase Price in Case of Cancellation or Postponement

4.1       As a matter of principle, you as a customer will have a claim to returning the Ticket and to being reimbursed for the Ticket Purchase Price, not includingthe shipment costs, the Hard Ticket fee (in the case of Hard Tickets) andthe convenience charge, only if events are cancelled and/or postponed.

4.2       The claim to reimbursement of the Ticket Purchase Price, not including the shipment costs, the Hard Ticket fee (in the case of Hard Tickets) andthe convenience charge, is to be brought forward:

a)     If the event is cancelled without any other date being scheduled: no later than four (4) weeks following the date of the event that was cancelled; 

b)    If the event is postponed to a substitute date: no later than by midnight of the day preceding the substitute date.

Should you be prevented, for reasons for which you are not responsible, from filing the corresponding reimbursement claim in due time – for example because you were ill – you are under obligation to provide proof of the circumstances that exclude your responsibility in this regard. 

4.3       The shipment costs, the Hard Ticket fee (in the case of Hard Tickets) and the convenience charge will not be reimbursed.  Should you rescind the agreement as regards the event, we will set off your claim to reimbursement (in the case of Hard Tickets) of the shipment costs, the Hard Ticket fee and the convenience charge you have paid to us with our own claim to compensation of the value of theshipment costs, the Hard Ticket fee (in the case of Hard Tickets) plus the convenience charge.  The reason is that should you rescind the said agreement, you will be under obligation to compensate us for the respective value of the shipping service, hard-Ticket-printout service and brokerage service that you have enjoyed by purchasing your Ticket from us via our distribution partner. 

4.4       Should our distribution partner charge additional fees in its own name (Clause 2.2), their reimbursement shall be governed by the general terms and conditions of said distribution partner. 

4.5       You are to contact the distribution partner from whom you purchased the Tickets as regards your claim to reimbursement of the Ticket Purchase Price, not including the shipment costs, the Hard Ticket fee and the convenience charge.  Unless our distribution partner has a different reimbursement procedure in place, the Ticket Purchase Price shall be reimbursed, not including the shipment costs, the Hard Ticket fee and the convenience charge, only upon the original Tickets being submitted.  Should the Tickets have been lost, it will not be possible to reimburse the Ticket Purchase Price or to provide you with replacement tickets. 

4.6       Your rights to rescind the contract within the scope provided for by law, or to demand compensation for damages, in the event MCT is responsible for a violation of its obligations, shall remain unaffected hereby.  However, the enforcement of claims to compensation of damages and/or the reimbursement of expenditures shall be subject to the liability reservation set out in Clause 9 hereof.

5.         Limited Ticket Purchases

5.1       For the Rammstein concerts, the number of Tickets that may be purchased will be restricted to a maximum number of Tickets per person.  This restriction will be highlighted during the process of purchasing the Tickets.  For these events, you may acquire only the number of tickets that is indicated as a maximum number; this applies regardless of the number of purchases 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, initiate(s) a greater number of purchasing processes than 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.

5.2       In the event of that Clause 5.1 is breached in any way, Clause 8 shall apply.

 6.         Purchase of Personalized Tickets

6.1       All Tickets for the Rammstein concerts are personalized: in other words, only that person who holds visiting rights will have the right to demand admission.  That person’s name will be printed on the Ticket as a component part of the Ticket.  The personalized nature of the Ticket will be highlighted during the process of purchasing the Ticket.  You enter into obligation to acquire the Tickets exclusively for your private use and to use them exclusively on a private basis. Forwarding the tickets to third parties in any way will be prohibited.  This specifically includes selling the Tickets to third parties or auctioning them off via an online auction house or any non-authorized online ticket exchange.  If you are unwilling / unable to use one or more Tickets, you will have the option to return these Ticket(s) subject to the preconditions set forth in Clause 7; this shall not affect your ability to return tickets pursuant to Clause 4.

6.2       The first name and last name you provide will be noted on the Ticket.  If you purchase several personalized Tickets, you will be asked, when you make the purchase, to provide the first name(s) and last name(s) and the e-mail address(es) of the other person(s) to whom the personalized Ticket(s) is / are to be issued; you are under obligation to provide this information truthfully immediately in making the purchase. The legal transaction will come about or fail upon the immediate and truthful provision of the various names of Ticket holders at the purchase, in due time, since immediately following the purchase process, the Tickets will be made out in the names that you have provided (referred to by legal experts as “relative obligation to perform at a fixed point in time”).  Any violation of your obligation to provide the different names will mean that MCT will have to expend considerable additional amounts of time, effort and money in resolving conflicts during admission to the event.  Additionally, concerts will be identified as “sold out” in spite of the fact that MCT has the right to rescind the respective agreements should you violate your obligation to provide different names, meaning that these seats will once again become available.  Should MCT have to set an appropriate deadline for you in each case prior to rescinding the agreement, this would be to the detriment of the other fans and would enable the unauthorized trade in tickets at inflated prices.  For the event that one and the same name is provided in purchasing several Tickets, in contravention of the above provision, MCT reserves the right, for the above reasons, to immediately rescind the agreement without this requiring any deadline to be set (Section 323 paragraph 2 no. 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)).  Moreover, you will be asked to confirm that you are not providing these third-party data in any abusive way.  In such cases, the contract shall be concluded exclusively by yourself with MCT.  Any other persons that you may name will be the sole beneficiaries under this contract and will gain an independent right to attend the event (Sections 328 et seqq. of the German Civil Code).

6.3       The right to attend the event is the result solely of the contract you have concluded with MCT (Clause 2.2. hereof).  Moreover, your name will have to be noted on the Ticket.  As a result of the contract you have concluded with MCT, third parties for whom you have acquired a personalized Ticket are likewise entitled to attend the event.  The names of these third parties must be noted on their Tickets.  An additional pre-requisite for attending the event is that you or the person(s) for whom you have purchased the Ticket must be able to identify yourselves / themselves at the admission ticket checkpoint by submitting a valid passport, personal identity card, driver’s license, credit card, or EC bank card. 

6.4       MCT is not under obligation to demand that the said documents be shown to it at the admission ticket checkpoints in order to be sure that the ticket holder is in fact authorized to attend.  MCT will be free from its performance obligations vis-à-vis its contractual partner if another person has gained admission to the event by presenting a Ticket.  Only one person is authorized to attend the event per Ticket. 

6.5       You may not transfer your rights and obligations under the contract with MCT (and thus also the right to demand admission to the event) to a third party.  However, you will have the option to return the Ticket(s) to MCT, in accordance with Clause 7 of the present General Terms and Conditions, via your customer account at www.tickets.de.  By exercising the return option pursuant to Clause 7, you will in effect make an offer to MCT to return the Ticket(s) and will authorize MCT to once again offer the freed-up Tickets for sale via the ticket exchange operated on the platform www.tickets.de by Smart tickets.de Gesellschaft für Vertriebslösungen mbH in the name and for the account of MCT.  Your offer to return the Ticket(s) will be deemed accepted only once the Ticket(s) has/have been successfully re-sold via the ticket exchange. 

7.         Option to return personalized Tickets

7.         You will not be entitled to forward personalized to third parties (cf. Clause 6.1).  However, you will have the option to return such Tickets via your customer account at www.tickets.desubject to the preconditions set forth below in the present Clause 7.  This is premised on the freed-up Tickets being in fact successfully re-sold via the ticket exchange operated by Smart tickets.de Gesellschaft für Vertriebslösungen mbH (cf. Clause 6.5).  No guarantee for a successful re-sale is assumed.

7.2       By exercising the return option pursuant to Clause 7, you will in effect make an offer to MCT to return the Ticket(s) and will authorize MCT to offer the freed-up Tickets for sale – in MCT’s own name and for its own account and at the price quoted by you – via Smart tickets.de Gesellschaft für Vertriebslösungen mbH (namely via the ticket exchange operated on the platform by Smart tickets.de Gesellschaft für Vertriebslösungen mbH).  Your offer to return the Ticket(s) will be deemed accepted only once the Ticket(s) has/have been successfully re-sold.

7.3       On the ticket exchange, Smart tickets.de Gesellschaft für Vertriebslösungen mbH will offer the freed-up Tickets for sale, at the price quoted by you and in the name and for the account of MCT, until the start of admission to the respective event.  The Ticket price quoted by you may not exceed the original Ticket price.  You will be free to withdraw your offer so long as the Tickets remain unsold.

7.4       You will be promptly informed if and when the freed-up Tickets are successfully sold.  Your Tickets will be disabled so that they can no longer be used to gain admission.  Clause 4 will apply mutatis mutandis when it comes to reimbursing the amount of the realized purchase price to you.  Following the sale, the amount of the realized purchase price will be credited to your account or to your credit card account. 

7.5       Insofar as the freed-up Tickets remain unsold, your Tickets will not be disabled, so that you will still be able to use them to gain admission as before.  However, you will continue to be barred from forwarding the Tickets to third parties or to others by way of third parties (cf. Clause 6.1).

7.6       The option to return the Tickets may be exercised only during the time window from 11:00 AM on April 26th, 2016, until the start of admission to the event.

8.         Disabling Personalized Tickets

8.1       In the event of a violation of the prohibitions set out hereinabove in Clause 5.1. and Clause 7.1 in conjunction with Clause 6.1, MCT shall be entitled to disable the Tickets concerned, against reimbursement of the Ticket Purchase Price, not including the convenience charge, and to refuse to admit the respective holder of the Ticket to the event.  

8.2       In the event of repeated prohibitions set out hereinabove in Clause 5.1. and Clause 7.1 in conjunction with Clause 6.1, MCT shall be entitled to disable the Tickets without any compensation, in other words without reimbursement of the Ticket Purchase Price paid. 

8.3       The distribution partner may also disable tickets on behalf of MCT.  Moreover, the general terms and conditions of said distribution partners may stipulate further reasons based on which tickets may be disabled.

9.         Liability of MCT

9.1       MCT shall be liable without any restrictions whatsoever for any and all damages to life, limb or health arising in the context of the contractual relationship where such damages were caused culpably.  The same shall apply where liability is mandated by the law, in particular liability pursuant to the Produkthaftungsgesetz (ProdHaftG, German Product Liability Act), and in the event of guarantees.

9.2       In the event that essential contractual obligations are breached (so-called “cardinal obligations”), such breaches being based on simple negligence and not covered by the stipulations of Clause 9.1. hereof, MCT shall be held liable to a limited extent, this being the compensation of the foreseeable damage that is typical for the type of contract concerned.  The cardinal obligations of MCT include those duties the fulfillment of which is the basis of the due and proper implementation of the contract, and in the adherence to which you may, as a general rule, trust.

9.3       In all other regards, MCT shall be held liable only for grossly negligent or intentional violations of its contractual duties.

9.4       To the extent the liability of MCT is excluded or restricted by the stipulations of the above paragraphs, this shall also apply to the liability of its statutory representatives and the persons it employs in the performance of its obligations (Erfüllungsgehilfen).

10.       Obligations of Customers Attending the Event

10.1     No hazardous objects such as gas containers, pyrotechnical articles (such as flares, firecrackers or sparklers), laser pointers, weapons of any kind or objects that may be used as a projectile – in particular bottles and cans – may be taken to any event. 

10.2     No audio recording devices, film, photo or video cameras may be taken to the event, nor may they be operated.  This also concerns mobile radio devices with a photography application.  Recordings of any form are prohibited and any abuse will be prosecuted under law. 

10.3     In the event of the stipulations of Clause 10.2. being violated, MCT and its employees are entitled to seize the recording equipment and cameras and to keep them until the end of the event, such storage being liable to payment of a fee.  The films and recording material of any nature on which parts of the event have been recorded may be seized and stored by MCT.  They will be returned to the owner provided that the latter has consented to the recordings being deleted from such material.

10.4     MCT reserves the right to prohibit person who have violated the stipulations of the above paragraphs from entering the concert event, or to remove them from the event.

 11.       Audio and Video Recordings by MCT

Should video and/or audio recordings be prepared by authorized persons, such as for radio or television broadcasts, you hereby declare your consent to potentially being captured on video images and/or on audio recordings; unless legitimate interests on your part prevent this, you also consent to these recordings being copied, disseminated and publicly played back without your being entitled to any remuneration therefor; they may in particular be broadcast.

 12.       Applicable Law, Place of Jurisdiction

12.1     To the extent the customer is not a consumer, solely the laws of the Federal Republic of Germany shall apply; the UN Sales Convention is excluded.

12.2     The place of performance and the place of jurisdiction is Berlin if the customer is a merchant, a legal entity under public law, or special assets governed by public law.

 13.       Final Clauses

13.1     By the time at which the contract is concluded, MCT has not concluded any agreements or made any undertakings, neither orally nor in writing, besides the present General Terms and Conditions.

13.2     Should individual provisions of this contract be or become null and void or ineffective, either wholly or in part, this shall not impact the effectiveness of the other provisions.  The stipulations of the law shall replace those of the General Terms and Conditions that are not incorporated or ineffective (Section 306 paragraph 2 of the Bürgerliches Gesetzbuch (BGB, German Civil Code)).  In all other regards, the parties shall determine an effective provision to take the place of that provision that is null and void or ineffective, which new provision is to approach as closely as possible the previous provision’s economic intent, unless an amending interpretation of the contract takes precedence or is possible.

 

Effective as of: April 26th, 2016