General Terms and conditions
KaufmeinTicket is an Internet platform on which private individuals and commercial operators can offer tickets for events of any kind for sale and buyers can purchase these tickets directly. The internet platform is operated by KaufMeinTicket BV, Gijsbrecht van Amstelstraat 410, 1216CC Hilversum, The Netherlands. Participant in the sense of the following terms and conditions is every person who uses or operates the present platform, regardless of whether this is done as buyer or seller or visitor. Seller is a participant who offers tickets for sale on the platform KaufmeinTicket. Buyer is a participant who accepts such an offer to sell from a seller and thus purchases one or more admission tickets via the platform. Operator within the meaning of the following conditions is KAUF MEIN TICKET BV, also referred to as "we" or "KaufmeinTicket". The terms participant, buyer and seller include female, male and other genders. For the sake of easy readability only the masculine form is used in these terms and conditions.
1. General information
(3) The Operator reserves the right to change or remove the offer of functions, services and services of the Platform at any time and without prior notice and/or to temporarily or permanently deactivate access to them in whole or in part or to completely discontinue the Platform at its own discretion. It is possible that various offers and services of the Platform may not be available from time to time. A failure of systems, maintenance work or interruptions in data transmission may result in the loss of a participant's data in addition to the delay of data transmissions due to unfavorable circumstances. A change or discontinuation of functions does not result in a change to a contract already executed between a seller and buyer. This contract remains unaffected by changes to the platform and its functions.
2. Contracting party
The contractual partner of a participant with regard to the use of the platform and its contents is exclusively the operator of the platform. Only the respective seller and buyer become contractual partners within a purchase transaction. The operator merely provides the technical infrastructure for the offers and processing as well as for complaints, appeals or other correspondence between sellers and buyers, without adopting the respective contents and offers or statements of the participants as its own.
3. Object of the contract
(1) The purpose of the platform is to provide an electronic marketplace for the purchase and sale of admission tickets. In order to offer admission tickets and to purchase admission tickets, the participant must register once on the platform.
(1) The prerequisite for participation in the platform is the registration and creation of a participant account.
(2) Only natural persons, persons with legal capacity and persons of full age from the age of 18 can be registered as participants.
(3) When registering, the participant must at least provide his/her true first and last name as well as a valid e-mail address and password. The entry of further personal data of the participant after registration or the uploading of contents within the scope of using the platform is voluntary. Registration can also be done directly with a PayPal or Facebook account. The "OAuth" procedure is used for registration via these plugins. Here, a protocol of an application can be used to allow access to a participant's data provided by another service (PayPal or Facebook) without disclosing secret details of the access authorization there. Even if the participant registers via Facebook or PayPal, he or she is also obliged to provide his or her real first name and surname, as well as a valid e-mail address.
(5) In order to offer and sell tickets via the platform, the participant must register with a PayPal or Facebook account. Simple registration with an e-mail address is not sufficient for this. If the participant only wants to purchase tickets, registration with an e-mail address is sufficient.
(7) Each participant may only register once
(8) The operator stores the participant data transmitted to him by the respective participant and undertakes to treat this data confidentially in accordance with the basic data protection regulation and other data protection laws. Further details are regulated by the data protection declaration.
(9) The Operator is also entitled to store the IP address of the Internet access from which a registration is made in order to prevent or pursue misuse of personal data.
5. Selling Tickets
(2) In addition, the seller must assign his offer to the correct event and independently check the venue and time of the event. In addition, he must indicate to which block and, in the case of seat tickets, to which row and which seat the tickets offered refer. It is the seller's responsibility to deactivate the offer if it is no longer possible to send the tickets in time. In addition, KaufmeinTicket has the right to deactivate an offer if there are reasons to believe that the admission tickets can no longer be sent on time.
(3) When offering seat tickets, all tickets offered in an offer must be next to each other. It is not permitted to offer admission tickets for seats in an offer that are not next to each other but in front of each other, behind each other or in different seats. Offers for the purchase of tickets which contain several seat tickets for one event which are not adjacent to each other can be deleted by KaufmeinTicket.
(4) If the sales offer contains or refers to electronic admission tickets, the seller is obliged to upload the original files of these admission tickets when creating the sales offer, which the respective ticket operator has issued. The uploading of self-created copies, scans or file formats other than those issued by the Ticket Operator is prohibited.
(5) By offering admission tickets on the KaufmeinTicket platform, the Seller confirms that he is in possession of the offered admission tickets and the access rights to the respective event derived therefrom and that the Seller can transfer this right of access to the event to the Buyer lawfully and without infringing the rights of third parties. The liability for the actual and legal authority to offer tickets and the transfer of ownership of the tickets offered by a Seller and the right of access to the respective event derived therefrom lies solely with the Seller concerned.
(6) If a sales contract is concluded between the seller and the buyer for the purchase of one or more tickets via the platform, the seller shall transfer to the buyer, after payment of the purchase price to KaufmeinTicket, all rights to the sold ticket to which the seller is entitled up to that point in time, in particular the right of possession, the associated right of admission and all other ancillary rights, insofar as these are necessary for attending the event or are associated with it.
(7) The seller transfers to KaufmeinTicket the non-exclusive, temporally and locally unlimited, transferable as well as free of charge right of use of the contents uploaded by him within the scope of a sales offer, to reproduce, process, make publicly accessible and otherwise make available and present the contents of the sales offer uploaded on the platform as well as the tickets offered for sale as well as a copy thereof within the scope of and for the purpose of distribution of the sales offer on his own and third-party servers on the Internet and on other media.
(8) The sales price of a sales offer quoted by a seller is the final price excluding a service and transaction fee and the shipping costs when offering paper tickets. The seller will indicate whether he/she is obliged to pay VAT when submitting sales offers. In such a case, the VAT included in the sales price shall be shown separately.
(9) If the Seller is no longer authorised to maintain an offer that has already been posted, if he notices or is made aware that the contents of one of his offers are no longer up to date or are incorrect, or if the Seller has already sold the admission tickets offered in a sales offer elsewhere, he is obliged to deactivate the offer in question immediately or to revise it if necessary. If KaufmeinTicket becomes aware that an incorrect, no longer current offer or an offer that has already been overtaken by another sale is still maintained, KaufmeinTicket is entitled to delete this sales offer without prior consultation with the seller. The seller will be informed about the deletion.
(10) The payment of a sales price determined by the seller for an offer is exclusively effected via KaufmeinTicket. Outside the KaufmeinTicket platform, the Seller is prohibited from carrying out the purchase transaction with a buyer who has contacted him/her via this platform or from accepting payments in relation to a sales offer which the Seller has placed with KaufmeinTicket or from announcing the prospect of such acceptance by disclosing his/her own account or payment information.
(11) From the sales price set by the seller, KaufmeinTicket retains a service fee of 5% for the maintenance of the platform and the sales processing. Payment of the service fee is effected by means of settlement. The expected revenue per ticket in case of a sale is already displayed when creating an offer.
(12) KaufmeinTicket can deduct and charge any amount owed by a participant from any amount owed by KaufmeinTicket to a participant. Closing an account or opening further or more accounts does not change the liability of the participant concerned. Amounts from several accounts may be combined by KaufmeinTicket if there are indications that the holders of these accounts are identical or that identical persons are behind the holders.
6. Buying Tickets
(1) If a participant has found an offer from a seller that he/she wishes to accept, he/she can purchase the offered tickets on the platform and pay the purchase price to KaufmeinTicket. KaufmeinTicket will pay the purchase price to the seller upon receipt of the purchased admission tickets subject to a service fee of 5%. Please note that the tickets must be received by the buyer in time before the event. The seller is responsible for ensuring that the buyer receives the tickets in time. Irrespective of the Seller's specific offer or any other requests, the Buyer is not entitled to make a payment in full discharge of debt to the Seller or to a third party with the exception of KaufmeinTicket for a purchase transaction received via the local platform.
(2) KaufmeinTicket shall also charge the buyer a service fee of 7% on the sales price set by the seller. The service fee is charged by KaufmeinTicket with the fixed sales price. The price displayed in an advertisement already includes the service fee. It may therefore appear as if the seller has not adhered to the upper limit of 25% above the original price. Only shipping costs are added to the displayed price, if the tickets are on paper.
(3) Buyers and sellers are not entitled to exchange contact data for the purpose of transferring one or more admission tickets originally offered via the KaufmeinTicket platform directly, bypassing KaufmeinTicket, or to enter into, initiate or mediate a purchase contract in this regard to third parties. In case of circumvention of KaufmeinTicket, KaufmeinTicket reserves the right to claim not only the loss of the concretely lost service fees but also a contractual penalty in the amount of EUR 500.00 per individual case against both the seller and the buyer.
(4) If the buyer wants to assert a refund claim due to defective or not as promised services, he/she should contact the customer service of KaufmeinTicket. The buyer has no claim for reimbursement of any payments made against KaufmeinTicket, unless KaufmeinTicket has withheld payments received from this buyer without legal grounds and has not paid them out to the seller.
(5) KaufmeinTicket is not responsible for void, fraudulently created or deliberately false sales offers or for any damages resulting therefrom. As soon as KaufmeinTicket becomes aware of a circumstance which suggests that a sales offer may have been made void, incorrect or using incorrect data or contents, KaufmeinTicket will delete this sales offer and block the Seller. There are no further claims against KaufmeinTicket.
(6) It is not possible to cancel an already paid order. If tickets for events are purchased via the Internet, the buyer has no right of withdrawal.
(7) KaufmeinTicket is not responsible for ensuring that the shipment is delivered to the buyer. The buyer of tickets is himself obliged to track his shipment and ensure that it can be delivered. Furthermore, it is up to the buyer to complain if the tickets do not arrive. Three weeks after the tickets have been sent, KaufmeinTicket assumes that the tickets have arrived. The buyer now receives an e-mail informing him/her that KaufmeinTicket has determined that the tickets have arrived. In this e-mail the buyer is requested to contact KaufmeinTicket if he has not yet received the tickets. If the buyer does not report within 5 working days, the purchase is considered completed and the seller is paid.
(8) The buyer is not permitted to resell an admission ticket purchased via KaufmeinTicket via another platform for a higher price than that paid on KaufmeinTicket for the admission ticket.
7. Electronic Tickets
(1) When purchasing electronically issued admission tickets, the purchaser can download the tickets on the platform directly after the purchase. The seller receives a confirmation by e-mail. Thereupon, the sold ticket is automatically deleted from the Platform. The seller checks whether the ticket is marked as "sold" on the platform. The seller is obliged to destroy all copies of the sold ticket.
(2) The seller is not permitted to use or offer an electronic ticket again himself after a completed transaction or to have these actions carried out by third parties.
(3) If it turns out that an electronic admission ticket sold via KaufmeinTicket is invalid, KaufmeinTicket will endeavour to mediate an agreement between the buyer and the seller. This shall not affect the right to warn or block the Seller for offering invalid admission tickets. In this respect, the seller fully indemnifies KaufmeinTicket from all claims of third parties, including the buyer, based on incorrect, invalid or otherwise unusable electronic admission tickets upon first request.
(4) Buyer and Seller undertake to inform KaufmeinTicket immediately of any suspicion of an invalid admission ticket in order to ensure the ongoing security of the platform. Claims of the buyer or seller against KaufmeinTicket due to the offering or sale of an invalid admission ticket are excluded.
8. Shipping paper Tickets
(1) After conclusion of the purchase contract, the seller will normally receive an online stamp for an insured registered letter from Deutsche Post with the name and address of the buyer by e-mail. He must print this out and bring it together with the sold tickets in an envelope with window to the post office. The seller must keep the proof of posting from Deutsche Post. It must be sent immediately, but at the latest within the period of time stated in the purchase offer or agreed between the parties. If neither a time period for dispatch was specified in the offer to purchase nor agreed between the parties, dispatch must be made in good time so that the purchaser can easily plan and hold the event with the purchased admission tickets, but at the latest each admission ticket must be received by the purchaser one working day before the start of the event.
(2) The seller alone is responsible for ensuring that the tickets reach the purchaser in good time before the event. Should the event be in the near future and the Seller assume that a shipment by Deutsche Post scheduled by KaufmeinTicket would not arrive in time, the Seller must contact the customer service of KaufmeinTicket immediately in order to possibly select another mode of shipment. If the tickets do not arrive in time and the seller has not sent the tickets in time, the seller will not be paid.
(3) The costs of sending the tickets to the buyer are borne solely by the buyer, unless a separate obligation to bear costs has been agreed upon.
(4) The seller will use the buyer's data made known to him solely for the dispatch of the sold tickets. After complete fulfillment of the contractual obligations, the seller will delete the buyer's data. The use of buyer data for advertising or passing on to third parties is prohibited.
(5) If the seller cannot send sold tickets to the buyer or cannot send them within the agreed or assured period of time or if the seller receives feedback from the shipping company that the shipment has been lost or has not been delivered, the seller must contact the customer service of KaufmeinTicket immediately.
(6) KaufmeinTicket is entitled to temporarily or permanently block a participant from participating in the KaufmeinTicket platform and to withhold all fees payable to this participant from this or other purchase transactions until final clarification of existing claims for damages by third parties or by KaufmeinTicket if:
- the seller cancels an already concluded purchase contract;
- there is reason to believe that the participant has acted or is attempting to act fraudulently when offering or settling the purchase contract;
- the seller does not send the offered tickets or does not initiate the shipment in time so that the tickets are not received by the buyer at the latest on the last working day before the event;
- the Seller sends or attempts to send invalid, forged or otherwise incorrect tickets;
- the Seller culpably violates any other obligation resulting from the Purchase Agreement or these Terms and Conditions;
- claims arising from other sales or transactions by KaufmeinTickets against the Seller and such claims are due and undisputed;
(7) The Seller shall fully indemnify KaufmeinTicket from all claims of third parties based on one of the aforementioned reasons upon first request. KaufmeinTicket may assert the indemnification by way of offsetting. The indemnification shall also include claims due to late delivery, reprint fees, costs for re-shipment or redirection, costs for replacement tickets or similar documents, coupons, gift vouchers, refunds and other costs and expenses which are based on a violation of the obligations incumbent on one of the participants.
9. Payment to the seller
(1) After conclusion of the purchase contract and receipt of the admission ticket by the buyer, KaufmeinTicket will pay the agreed sales price minus the respective service fee to the seller within 10 working days. This does not imply a promise for the time of receipt of the payment by the seller.
(2) If KaufmeinTicket has been informed about an invalid ticket, a (possible) fraud has occurred or an event for which a ticket has already been sold is cancelled, the payment of the sales price to the seller may be withheld until the facts of the case have been clarified. Furthermore, KaufmeinTicket is entitled to cancel a transaction if there are reasons that justify a reversal.
(3) If a seller has sold tickets at a sales price of more than EUR 560.00 alone or together with the sellers attributable to his person and if this sales price falls at events which have not yet taken place, the sales price of all sold tickets will be retained by KaufmeinTicket until the respective buyers have been able to attend the event and it has been proven that the sold tickets are valid. A seller attributable to the seller exists if different sellers use the same bank account, e-mail address, telephone number or other data.
10. Changes or cancellation of the event
(1) It is the responsibility of the purchaser to inform himself/herself about possible changes in time and location of the event for which he/she has purchased a ticket. Each purchaser will therefore always inform himself/herself in his/her own interest whether events are cancelled, postponed or the venue changes.
(2) KaufmeinTicket is not obligated to inform the buyer in the event of a known cancellation or change of event. KaufmeinTicket is not liable for expenses or other costs incurred by a participant of the platform as a result of the cancellation, modification or rescheduling of an event. If an event is cancelled, the organizer usually compensates the rightful owner of the ticket, i.e. only the first buyer who bought the ticket directly from the organizer.
(3) If an event is postponed and rescheduled to another day or time or takes place at another location, the admission ticket usually remains valid. If the purchaser no longer wishes or is no longer able to use this admission ticket, he can sell it to a third party via the KaufmeinTicket platform. KaufmeinTicket cannot be held liable for any loss or costs arising from a necessary resale.
(4) Even in case of changes or cancellation of an event, there is no possibility to cancel the order on KaufmeinTicket or to cancel the purchase.
11. Duties of conduct of the participants
(1) Each participant undertakes to keep his password secret at all times and to protect it from access by third parties in accordance with the usual diligence in business. The participant is responsible for any damages that may arise from a violation of this obligation of secrecy. If there is reasonable suspicion that a third party may have gained access to the access data, the Operator must be notified immediately.
(2) A Participant is responsible for ensuring that no legal provisions or the provisions of these Terms and Conditions of Use are violated when making purchase offers. The Operator does not check the offers posted by a Participant; the respective Participant is solely responsible for this.
(3) The Participant is obliged to ensure that the offers he/she has posted do not violate any laws or the rights of third parties (e.g. laws for the protection of minors, industrial property rights, copyright usage rights or personal rights). The participant is prohibited from carrying out, letting carry out or promoting anti-competitive actions, in particular from using the platform for advertising or from addressing other participants for this reason or from using their data for such purposes.
(4) Each participant is prohibited from using technical actions (such as the execution of scripts, hacking attempts, spreading viruses, worms, Trojans, brute force attacks, etc.) to impair the functionality of the platform or to attempt to do so.
(5) It is further prohibited to post on the platform or to disseminate via the platform discriminating, defamatory, insulting, racist, pornographic, violent, violence glorifying violence or otherwise illegal content, data or statements.
(6) Participants are not permitted to distribute or organise spam, advertising, political contributions, mass mailings, chain letters or competitions via the platform.
(7) No data of other participants may be collected, stored or otherwise processed unless the person concerned has given his or her express consent.
(8) Data and e-mail addresses of other participants may not be stored, processed and used for commercial purposes or advertising.
(9) In the event of a culpable violation of one of the aforementioned prohibitions and regulations, the participant undertakes to fully indemnify the operator from all claims and damages based on this. The above also applies in the case of avoidable misuse of a participant's access data by a third party.
12. Contract period/termination
(1) The contractual relationship between the operator and the subscriber begins with the successful registration by the subscriber and is concluded for an indefinite period of time.
(2) The participant has the right to terminate the user relationship at any time without giving reasons by deleting his account on the platform.
(4) In the event of termination, personal data will be deleted with the exception of information required for legal transactions that were already commenced prior to termination.
(5) If the operation of the platform is discontinued, the user relationship ends automatically without the need for termination.
13. Data protection and data security
(1) The sensitive and responsible handling of subscribers' personal data is of great importance to the operator. The legal regulations are followed by the operator. In addition, the Operator processes and uses personal data only if the person concerned has consented to this or if this is otherwise legally permissible. Further information on data protection can be found in the data protection declaration.
(2) The Operator uses modern encryption techniques (HTTPS and current signature procedures) for the transmission of data. It is not permitted to violate, circumvent, reverse engineer or in any other way make unauthorised changes to the security technology of the platform or elements of the security technology, or to attempt to do so, or to help others do so.
14. Ownership rights to the platform
(1) All content that is available and accessible on the Platform and via the connected services, including all designs, texts, graphics, videos, applications, software, database and files, as well as the functioning and arrangement of the site content, is protected by copyright. Contents of the platform and services may not be used, copied, duplicated, distributed, changed, framed, reproduced, displayed, transmitted, downloaded, sold, posted or otherwise made available to third parties, either in whole or in part, outside the platform without the express permission of the Operator.
(2) The Participant is prohibited from reproducing, distributing, publishing the Platform or its contents in whole or in part, in particular making them publicly accessible on the Internet, editing, redesigning and/or modifying them, determining the source code or the structure of their contents, and/or producing derived works using their contents. The participant is also not granted the right to use the protected trademarks contained in the platform.
(3) If claims are asserted against the Operator by third parties due to actual or alleged infringements of rights due to a Participant's content on the platform of any kind, the Operator is entitled to block the Participant immediately. The Operator will inform the Participant accordingly. Furthermore, the respective participant shall fully indemnify the Operator from all claims made against the Operator by a third party on the basis of such content of the respective participant.
(1) Within the framework of the foreseeable requirements, the operator guarantees the best possible reproduction of the contents of the platform in accordance with the usual technical standard.
(2) All participants are aware that the data and services of the platform may not be available at all times. In particular, the operator is not responsible for cases in which the services of the platform are not available,
- by the use of unsuitable display software and/or hardware or
- by disturbing the communications networks of other operators, or
- due to a computer failure at an Internet access provider or an online service, or
- through incomplete and/or non-updated offers on so-called proxy servers (intermediate storage) of commercial and non-commercial providers and online services
(1) The operator makes every effort to ensure that the information and services offered are always up to date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out. Therefore, by providing the platform, the operator does not assume any guarantees of any kind, in particular with regard to the accuracy or reliability of the information or offers provided, their security or their uninterrupted availability.
(3) The operator is not obliged or required to check offers from sellers for their correctness, conformity, legal conformity or plausibility or to carry out such a check on request. For the legal violations of any kind emanating from the respective offers, the respective seller who has posted these offers is solely liable.
(4) The operator is not liable for uninterrupted availability of the platform. Failures of the server due to technical or other problems which are not within the sphere of influence of the Operator (force majeure, fault of third parties, etc.) do not justify any claim of the participant against the Operator.
(5) The Operator is otherwise liable without restriction in accordance with the statutory provisions for damage to life, body and health resulting from a negligent or intentional breach of duty and for damage covered by liability under the Product Liability Act. For damages not covered by sentence 1 and which are based on intentional or grossly negligent breach of contract as well as fraudulent intent, the operator is liable according to the legal provisions.
(6) The Operator is liable for damages caused by simple negligence only insofar as the damages arising from this are based on the violation of rights which are to be granted to the Participant according to the content and purpose of the contract and/or on the violation of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely (cardinal obligations). The liability for such damages is limited in total to the foreseeable and typically occurring extent of damages in such contracts.
(7) Any further liability is excluded regardless of the legal nature of the asserted claim.
17. Final provision
(1) The law of the Federal Republic of Germany shall apply to all disputes arising in connection with the use of the platform.
(3) The operator is entitled to transfer the provision of all services to third parties at any time, either in whole or in part.
(4) If you have reason to complain about the KaufmeinTicket platform, please contact us. Please send us your complaint (as complete as possible) to firstname.lastname@example.org. You can also submit your complaint via the feedback button, which is located on the right-hand side of the portal screen in desktop mode.