TERMS & CONDITIONS
General Terms and Conditions (Internet)
The following general terms and conditions govern the sale of online-tickets via www.forstrock.de (as of 7th January 2018)
1 SCOPE OF VALIDITY AND CONTRACT CONCLUSION, CANCELLATION
1.1 The Terms and Conditions (in the following: “T&C”) are valid for the ticket sale by the Verein Grünes Forum Selbstverwaltung Förderverein e.V., Forstraße 13, 23968 Jamel (in the following: “Förderverein” or “we”) for the Festival “Jamel rockt den Förster” in the form of electronic tickets (in the following: “online-tickets”) sold on the internet via the website www.forstrock.de (in the following: “our website”). Other Terms and Conditions that differ, contradict or add to these T&C are not part of the contract as long as we have not agreed upon them in a written manner. These C&T include the delivery and the services in the context of the relay of the purchase and the delivery of the online-tickets as well as possible service disturbances in the relation of the Förderverein with the customer.
1.2 We sell the online-Tickets under our own name and on our own account. With the purchase of a ticket you agree to a contract between you as a customer and the Förderverein as the event organizer for the mentioned event.
1.3 These contracts do not include a right of revocation. Thus, you are not able to cancel your declaration of intent when purchasing online-tickets for the festival “Jamel rockt den Förster” after you have agreed to the purchase.
1.4 As a customer you take notice and agree to the general T&C, making them binding, when purchasing online-tickets for the Festival “Jamel rockt den Förster via the website www.forstrock.de. The general T&C are considered agreed upon when you click the button that reads “I have read the general Terms and Conditions and agree with them”.
1.5 The T&C are always up-to-date and available on the website www-forstrock.de as a specific menu item.
2 REGISTRATION/PURCHASE AS A GUEST AND CONTRACT AGREEMENT
2.1 You can purchase online-tickets via our website by choosing your preferred number and type of tickets. You can choose between opening an account or order tickets as a guest. You will have to enter your correct and full name, your email-address, your postal address and your bank account details. In order to open an account, you will have to choose a secure and unique password. If you already have an account, please enter your email address and your password in order to complete your purchase with the previously saved data.
2.2 In case you opened an account, you are advised to keep your access data confidential. Do not forward your access data to a third person, and save it so that no one can find it – accidentally or on purpose. You are also obligated to not let a third person use your access data. If you suspect that someone misused your account, you are obligated to inform us via email or post straight away. In general, you bear liability for all activities that have been done with your account, except if you are not responsible for the misuse because due diligence has not been violated.
2.3 You can always use your access data (email address and password) in order to log in to your account under www.forstrock.de/konto and view your personal data or to edit it.
2.4 When registering according to point 2.1 you insure that all your data is valid and conclusive. In case some of your data changes after you have registered, you are obligated to change the registered data yourself (see point 2.3). We will send a new confirmation via email in case you have a new email address.
2.5 Is your account inactive for more than a year, we reserve the right to delete your account. You are also able to close your own account as long as there are no pending purchases. Your data will be deleted or blocked according to the legal obligations.
2.6 The two parties to the contract regarding the purchase of online tickets are you and the Förderverein. You submit your offer to the contract as soon as you click the button “submit order ”. The acceptance of the offer will be send to you via email immediately. If, for whatever reason, the ordered tickets are not available, you will be informed before the contract is valid and you are released from your offer. We reserve the right to decline your offer without further explanation.
3 PROVISION OF ONLINE-TICKETS AND VALIDITY
3.1 We will provide you with an online-ticket and a personal code for every booked and purchased ticket (in the following: authorization code). An online-ticket only entitles one person to enter the booked event. After leaving the event or if the ticket has been used, it loses its validity.
3.2 Every ticket you order will be send to you via email as a download-link. The email will be sent upon conclusion of contract except when ordering with advance payment. In that case the email will be send as soon as the payment has been received (see point 5.1 and 5.2). Using the download-link you can also download the ticket at a later point. Please safe the email.
3.3 If you have an account (see point 2) you can always check and print your online-tickets from your personal account. Here you can also send your tickets to a different email address than the one you entered at registration. In some cases, you can also send it to a mobile number.
3.4 With the provision of the online-ticket(s) we have fulfilled all our obligations. Tickets will not be send via post or fax. We would like to point this out explicitly.
3.5 You are solely responsible for saving your online-ticket and the contained code. You will not be able to claim that a different person used your ticket to get access to the event. Please make sure you only have one hard copy of the ticket, especially when you reprint it or redirected it via email or MMS. Otherwise it is possible that a different person uses a copy of your ticket to devaluate your ticket code and thus hinders your access to the event. You should treat your ticket with care in order to ensure no one gains access to it to make a copy.
3.6 Multiple use of the online-ticket is strictly prohibited.
4 ERROR AT ONLINE-TICKET PURCHASE
4.1 You bear the risk for all entered data during the purchasing process. Possible entry errors are at your own liability with the scope of the options provided by law for correcting your error.
4.2 You are obligated to check whether your online-ticket matches your order. Possible errors are to be communicated to us immediately via email. You will then receive a new online-ticket. If at the time of your communication there are no more online-tickets available, e.g. if the event has been sold out, we will reimburse your payments. Claims for damages mention in point 6 are unaffected by this claim.
5 MATURITY AND PAYMENT
5.1 You can pay for your online-ticket via advance payment (bank transfer) (see point 5.2 and 5.3) or via other mentioned payment methods. The price of the ticket(s), that includes the statutory value-added tax (in the following: ticket price), has to be paid immediately after the closure of the purchase contract. Advance payment is the exception to this rule: The ticket price has to be wired until the communicated due date.
5.2 In case of advance payment we will reserve the booked tickets for fourteen (14) days. The advance payment has to be wired until the communicated due date (see point 5.1). The legal transaction is dependent on your timely payment (“relative Fixschuld” (= “relative fixed liability”)). If the payment does not appear on our account within the timeframe, the tickets will go back on the market in order to allow other customers to buy them. We thus reserve the right to withdraw from the contract without issuing a deadline (§ 323 paragraph 2 number 2 BGB (German Civil Code)).
5.3 We reserve the right to enter the event with the online-ticket until the complete payment according to point 5.2 has been made.
6 RETURN OF ONLINE-TICKETS / REIMBURSEMENT FOR TICKETS IN CASE OF CANCELLATION OR POSTPONEMENT OF THE EVENT
6.1 You are only eligible to get reimbursed for your ticket(s) if the event is cancelled or postponed.
6.2 You will need to claim reimbursement for the ticket(s) with exception of the advance booking fee
a) in case of a cancellation of the event four (4) weeks after the cancelled date at the latest or
b) in case of a postponement to an alternate date until 12am/midnight of the preceding day.
7 TRANSFER OF ONLINE-TICKETS
7.1 Subject to the condition that a third person becomes part of the contract with the Förderverein including these Terms and Conditions, you are entitled to transfer a personalized online-ticket and thus the right to enter the event to a third person (§ 398 BGB).
7.2 You have the possibility to sell your personalized online-ticket. A commercial resale is prohibited. It is also prohibited to sell tickets at a higher price than originally paid. All legal violations will be prosecuted.
7.3 The ticket has to be newly personalized after a transfer (see point 7.1) or resale (see point 7.2). The personalization can be done on your personal account (see point 3.3) or – in case of a guest order – by notifying firstname.lastname@example.org. The personalization can only be done until twenty-four (24) hours before the start of admissions to the event.
8 LIABILITY / WARRANTY
8.1 We exclude our liability for slightly negligent breaches as far as they do not relate to damages deriving from injuries of life, body or health or do not affect guarantees or do not touch claims in accordance with the product liability law. Unaffected are also liability claims for the violation of obligations that ensure the conduct of the contract in the first place and in whose compliance you as a customer can trust. The same is also true for breaches of duty performed by our vicarious persons.
9 APPLICABLE LAW / PLACE OF JURISDICTION
9.1 As long as the customer is not a consumer, only the German law is applicable, excluding UN purchase right.
9.2 Place and court of jurisdiction is Wismar, as long as the customer is a merchant, a legal entity of public law or public-juridical special asset.
10 FINAL PROVISIONS
10.1 The Förderverein has not made any arrangements or commitments, neither orally nor in writing prior to these Terms and Conditions.
10.2 If some of these conditions are invalid or void, the other clauses are not restricted in their validity.
11 ENQUIRIES / CONTACT
11.1 Enquiries that refer to the purchase of online-tickets via www.forstrock.de should be send to email@example.com