Terms and Conditions

1. Contact Details and Scope

1.1 Our contact details are:

Konzertdirektion Dr. Rudolf Goette GmbH
Alsterterrasse 10
D-20354 Hamburg
Customer Service: +49 40 450 110 130

Data Protection Officer:
Dr. Uwe Nolte
Dr. Nolte Datenschutz & QM
Am Ziegelteich 44 b
D-22525 Hamburg
Tel: +49 160 63 222 32
E-mail: [email protected]
Website: www.datenschutz-qm.de

1.2 These Terms and Conditions apply to all events offered by us, whether in our own name or on behalf of another promoter. They apply to both individual tickets and subscriptions.

1.3 Where additional terms and conditions are incorporated into a contract — in particular those of another promoter — these Terms and Conditions shall take precedence over any conflicting terms.

1.4 In addition to these Terms and Conditions, the house rules posted at the venue shall apply. In the event of any conflict, these Terms and Conditions shall prevail.

2. Contracting Parties and Services

2.1 Where we sell tickets not as the promoter in our own right but on behalf of another promoter, we act as that promoter's agent. In such cases, the rights and obligations arising from the event contract are established between the relevant promoter and the customer. Any claims the customer may have under the event contract (e.g. regarding the staging of the event, cancellation, rescheduling, etc.) must therefore be directed to the promoter rather than to us. We are engaged by the promoter to handle the sale and processing of tickets (processing orders, dispatching tickets, handling payments, etc.). The contracting party remains the relevant promoter. For the speediest resolution of any queries or issues, customers are welcome to contact us as their primary point of contact.

2.2 The event contract includes an entitlement to travel on public transport services only where this is expressly stated in our ticket description or during the ordering process. Any transport contract is concluded solely between the customer and the relevant transport operator; no right of carriage against the promoter arises.

3. Orders, Contract Formation, and Ballots

3.1 An order placed by the customer at a box office, by telephone, or via the online shop constitutes an offer to enter into an event contract, which we accept — in our own name or on behalf of another promoter — in accordance with the provisions set out below.

3.2 Where an order is placed at a box office, the contract is formed upon handover of the ticket to the customer.

3.3 Where an order is placed by telephone, the contract is formed upon acceptance by one of our staff members during the call.

3.4 Where an order is placed via the online shop, the contract is formed as follows: The customer selects the ticket(s) they wish to purchase and adds them to their basket. After confirming that they have read and accepted these Terms and Conditions, the customer is directed via the "Proceed to Checkout" button to enter their personal details or to log in. The available payment methods and a summary of the basket contents are then displayed. After selecting a payment method, the customer is shown a summary of all order details. By clicking "Buy Now", the customer places their order and submits their offer to enter into a contract. The promoter's acceptance is communicated by e-mail.

Until the "Buy Now" button has been clicked, order details may be amended or the purchase abandoned at any time. To amend order details, the customer may use their browser's "back" function or navigate to the relevant page within the basket system using the on-screen buttons.

The specific contract text of the order is not stored by us. Prior to submitting the order, the customer has the opportunity to review the contract details, print them using their browser's print function, and save the information. Order details may also be viewed at any time in the customer's account after the order has been placed.

3.5 Where tickets are allocated by ballot — for example owing to high demand — an event contract is only formed if the ballot participant is selected and subsequently enters into an event contract. Full details of how to enter and how the ballot process works are set out in the relevant ballot terms and conditions.

Participation in the ballot is non-binding for the entrant; no charge is made by us or by any other promoter for taking part.

The outcome of the ballot is final and not subject to legal challenge. Participation in the ballot alone confers no rights whatsoever.

Participation is permitted only up to the stated maximum number of tickets. Entrants who attempt to circumvent this rule — for example by registering under different names — may be excluded from the ballot. The same applies to persons who are otherwise barred from purchasing tickets.

4. Price Components, Postage and Packaging, and Payment Terms

4.1 The amount payable by the customer for tickets may exceed the price printed on the ticket, as box offices may levy separate booking fees. Where administration and postage charges are applied in our online shop, these will be clearly displayed in the basket before the order is placed, so that the total amount payable is transparent at all times. All prices displayed in the online shop include VAT at the applicable rate.

4.2 Where tickets are dispatched at the customer's request, they are sent by standard post. A separate handling and postage charge applies, which will be shown to the customer during the ordering process before the order is placed.

4.3 Depending on the event and the ordering method, customers may choose from a range of payment options that will be displayed during the ordering process before the order is placed. These may include:

• Cash payment (at box offices only)
• Advance bank transfer
• Credit card (Visa, MasterCard/EuroCard)
• Instant bank transfer

4.4 Where advance bank transfer is selected, the total amount due must be transferred to the bank account specified in our invoice by the date stated. Tickets will only be dispatched once payment has been received in full.

4.5 Where an instant payment system (e.g. Sofort/instant bank transfer) is selected, the customer will be redirected either to the order summary page or to the relevant provider's website, where they will need to make the appropriate selections and enter their personal details.

4.6 We and/or the promoter reserve the right to restrict the available payment methods to one or more specific options on a case-by-case basis.

5. Payment Due Dates, Retention of Title, and Chargebacks

5.1 The purchase price is due immediately upon formation of the contract, unless we or the promoter specify otherwise (e.g. in the case of advance bank transfer).

5.2 Tickets remain the property of the promoter until payment has been made in full.

5.3 Where a credit card payment is charged back, the customer is liable to reimburse any costs arising from the chargeback, in particular third-party charges such as bank fees. This is without prejudice to any further claims the promoter may have in respect of default or non-payment. To avoid the costs associated with a chargeback, customers are requested not to dispute a debit in the event of a withdrawal from the contract, a return, or a complaint, but instead to contact us to agree a refund process.

6. Delivery and Risk

6.1 Tickets will either be handed to the customer in person at the point of sale, dispatched on request, or made available as digital tickets (e.g. mobile tickets or e-tickets sent by e-mail for printing). Postal dispatch of tickets is only possible up to ten days before the event. Where a ticket contains a barcode, only its first use grants admission, regardless of whether it is presented as a physical ticket or in digital form. It is the customer's responsibility to protect their online account, printed ticket, or digital ticket from unauthorised access by third parties. Where a ticket does not contain a barcode, only the first copy presented to admissions staff entitles the holder to entry. Copies or reprints of such tickets are made entirely at the customer's own risk.

6.2 Where tickets are dispatched at the customer's request, the risk of accidental loss, destruction, or deterioration passes to the customer once the tickets have been handed to the delivery service by the promoter or by us as the promoter's agent. The choice of delivery service rests with us.

6.3 Where tickets are held for collection at a box office or at the venue box office on the night, the customer may only collect them during opening hours.

7. Maximum Order Quantities and Contractual Penalties

7.1 Regardless of the number of separate orders placed, each customer may purchase no more than the stated maximum number of tickets for any given event. Any attempt to circumvent this restriction — for example by using different names — is prohibited.

7.2 In the event of a breach of this restriction, the promoter is entitled to withdraw from any event contracts concluded by the customer for that event in excess of the maximum quantity (e.g. by cancelling the tickets concerned). Where multiple contracts were concluded simultaneously, the promoter may choose which contracts to withdraw from. In addition, the customer shall be liable to pay a contractual penalty to the promoter, the amount of which shall be determined by the promoter at its reasonable discretion and may, in the event of a dispute, be reviewed by the competent court, but shall not exceed five times the face value of the tickets covered by the withdrawal. Where a refund entitlement arises from the withdrawal, the promoter may offset this against the contractual penalty. Any other contractual penalties shall be taken into account when determining the amount. This is without prejudice to any claims for damages the promoter may have, it being understood that contractual penalties will be offset against any damages claims arising from the same facts.

8. Additional Provisions for Subscriptions

8.1 A subscription is valid for the booked series within the booked concert season. It renews automatically for a further season unless cancelled in writing by the customer or the promoter before the end of the booked (or renewed) season. The notice period for cancellation is set out in the subscription description.

8.2 In the event of a breach of the provisions in Clauses 9.6 and 9.10 (unauthorised transfer and failure to name the recipient) or Clause 10.1 (purchase under a false or third-party name), the promoter is entitled to terminate the subscription immediately with extraordinary notice.

8.3 If a customer is unable to attend an event included in their subscription series and waives their right to attend, the promoter may — at its discretion — offer a voucher in lieu. The customer has no entitlement to such an exchange. The voucher may, subject to availability and by arrangement with the promoter, be redeemed for a ticket to another event during the same concert season. Where the chosen ticket is more expensive than the pro-rata subscription price attributable to the missed event, the customer must pay the difference.

8.4 If an event included in a subscription series is cancelled, the promoter may either refund the pro-rata subscription price attributable to the cancelled event or offer the customer a voucher in lieu. For the redemption of such a voucher, the provisions of Clause 8.3, sentences 3 and 4, apply.

9. Admission Rights, Assignment of Contract, Name Registration, Resale and Transfer Restrictions, Consequences of Breach, and Contractual Penalties

9.1 The promoter has a legitimate interest in preventing the resale of tickets at inflated prices and in reducing the risk of criminal activity in connection with the events. The following provisions therefore govern the use and transfer of tickets.

9.2 The right to attend an event exists only on the basis of an event contract concluded between the attendee and the promoter, or one into which the attendee has stepped pursuant to Clause 9.4. Admission is also conditional upon the attendee presenting a ticket bearing their name on the front. Where a contract has been lawfully transferred and the ticket already bears another person's name, that name must be crossed out and the new contractholder's name written in the space available on the front of the ticket, without obscuring the barcode.

9.3 Proof that the attendee is a party to the event contract — and has thereby acquired the right of admission — is established by presenting the ticket and, if requested by the promoter, a valid photo ID. The promoter reserves the right to deny admission to ticket holders who have not acquired the right of admission, including by cancelling the ticket. If the promoter nonetheless grants admission, it is thereby discharged from its obligations to the contractual party, even if the ticket holder is not that party or has no right of admission. Each right of admission entitles one person only to attend the event.

9.4 The customer may only transfer the rights and obligations under the event contract (and thereby the right of admission) to a third party by way of a full assumption of contract, whereby the third party assumes all rights and obligations under the contract in the customer's place. Such assumption of contract requires the promoter's consent, which is hereby granted in advance subject to the restrictions set out in Clause 9.5. The transfer of individual rights under the event contract — in particular the right of admission — is not permitted unless the third party simultaneously assumes all rights and obligations under the contract with the promoter's consent. Where a customer has lawfully acquired multiple rights of admission under one event contract and lawfully transfers these to multiple third parties by way of contract assumption, separate event contracts are thereby formed with each incoming party.

9.5 In order to prevent resale at inflated prices and to reduce the risk of criminal activity in connection with events, the promoter's consent to a third party assuming the event contract pursuant to Clause 9.4 is withheld in the following circumstances:

• Where tickets are sold — whether by the customer or through third parties — at a price exceeding the amount originally paid by the customer (including any booking, handling, service, or postage fees) plus a flat-rate allowance of €5.00, by more than 10%; this applies equally to private transfers;
• Where tickets are sold by auction — including online auctions — whether by the customer or through third parties;
• Where tickets are sold via online marketplaces or online ticket exchanges, whether by the customer or through third parties;
• Where tickets are sold on a commercial or business basis without the promoter's express prior written consent;
• Where tickets are transferred — whether for payment or free of charge — for advertising, promotional, or marketing purposes, or as a gift, prize, bonus, or as part of a hospitality or travel package, without the promoter's express prior written consent;
• Where tickets are knowingly transferred to persons who are banned from the venue.

9.6 The resale or transfer of tickets in breach of Clause 9.5 is prohibited. The same applies to offering tickets for resale or transfer where the resulting transaction would constitute a breach of Clause 9.5.

9.7 For each breach of the prohibition set out in Clause 9.6, the customer shall be liable to pay a contractual penalty to the promoter, the amount of which shall be determined by the promoter at its reasonable discretion and may, in the event of a dispute, be reviewed by the competent court, but shall not exceed €2,500 per breach. The number of breaches corresponds to the number of tickets unlawfully offered, resold, or transferred. Any other contractual penalties shall be taken into account when determining the amount. This is without prejudice to any claims for damages the promoter may have, it being understood that contractual penalties will be offset against any damages claims arising from the same facts.

9.8 In the event of a breach of the prohibition under Clause 9.6, the promoter is entitled, in addition to demanding a contractual penalty and/or damages, to withdraw from the event contract and/or to cancel the ticket and refuse admission to the ticket holder. Where a refund entitlement arises from the withdrawal or cancellation, the promoter may offset this against the contractual penalty.

9.9 In the event of a breach of the prohibition under Clause 9.6, the promoter is entitled — without prejudice to its freedom of contract — to bar the customer from purchasing tickets in the future.

9.10 In the event of a resale or transfer of a ticket, the customer is required, upon request from the promoter, to provide the name and address of the recipient within 14 days.

9.11 If the customer fails to comply with their obligation under Clause 9.10 in time and, as a result, the promoter is unable to pursue a contractual penalty claim against the recipient or any subsequent transferee following a breach of Clause 9.6, the promoter is entitled to demand a contractual penalty from the original customer. The amount shall be determined by applying Clause 9.7 mutatis mutandis, with due regard to any other contractual penalties, and may be reviewed by the competent court in the event of a dispute.

9.12 Where we act on behalf of another promoter, our status as the promoter's agent entitles us to exercise the promoter's rights under this Clause 9 on the promoter's behalf and in the promoter's name.

9.13 Clauses 9.1 to 9.12 also apply to subscription passes and their transfer for individual or multiple events. In the case of a lawful transfer, the recipient assumes the subscription contract pursuant to Clause 9.4 for those events for which the subscription pass is made available to them. The transfer process is the same as for individual tickets: the name of the existing holder must be crossed out and the name of the incoming party written in the available space on the front of the pass, without obscuring the barcode. The permissible mark-up for subscription passes in the case of a lawful transfer by way of contract assumption pursuant to Clause 9.5, first indent, is calculated on the basis of the total subscription price divided by the number of events covered by the subscription for the relevant season.

10. Purchase Under a False or Third-Party Name; Contractual Penalties

10.1 The purchase of tickets under a false or third-party name — in particular by operators of online ticket platforms — is prohibited.

10.2 The promoter is entitled to withdraw from the contract where a ticket is purchased in breach of the prohibition in Clause 10.1 and the contract was initially concluded without the promoter's knowledge of the breach.

10.3 The purchaser shall also be liable to pay a contractual penalty to the promoter for each breach of the prohibition in Clause 10.1, the amount of which shall be determined by the promoter at its reasonable discretion and may, in the event of a dispute, be reviewed by the competent court, but shall not exceed €2,500 per breach. The number of breaches corresponds to the number of tickets purchased under a false or third-party name.

10.4 Where a refund entitlement arises from a withdrawal pursuant to Clause 10.2, the promoter may offset this against the contractual penalty under Clause 10.3. Any other contractual penalties shall be taken into account when determining the amount. This is without prejudice to any further claims for damages, it being understood that contractual penalties will be offset against any damages claims arising from the same facts.

10.5 Where we act on behalf of another promoter, our status as the promoter's agent entitles us to exercise the rights set out in Clauses 10.1 to 10.4 on the promoter's behalf and in the promoter's name.

11. Concessions and Verification of Eligibility

11.1 Admission at a concessionary price is only available where the relevant eligibility still exists on the day of the event. Proof of eligibility must be presented to admissions staff on request. Where proof cannot be produced, admission is only available upon payment of the difference between the concessionary price and the full ticket price. Combining concessions (e.g. a student discount and a disability discount) is not permitted.

11.2 If the eligibility for a concession does not exist at the time of purchase but is acquired at a later date, no entitlement arises to a retrospective discount or to withdrawal from the contract. The same applies where a promoter introduces new concessionary categories after the contract has been concluded.

11.3 Customers are required to check their tickets immediately upon receipt and to raise any discrepancies — regarding the number of tickets, the date and venue of the event, the time, any concession applied, etc. — without delay. Tickets purchased at a box office must be checked on the spot before leaving. The same applies to the confirmation e-mail, which must also be checked for accuracy promptly upon receipt. Complaints regarding tickets not purchased in person may be made by telephone via our hotline or by e-mail. Contact details are set out in Clause 1.1.

12. Event Cancellations, Rescheduling, and Changes

12.1 The promoter reserves the right to cancel or abandon an event in cases of force majeure (including severe weather, earthquakes, flooding, fire, war, industrial action, or external disruptions such as power failures), where the relevant public safety authorities advise against holding or continuing the event owing to the risk of a terrorist attack or issue a prohibition, or where a performer is unable to appear due to incapacity, illness, or death and no suitable replacement is available or it would be inappropriate to proceed out of respect. In such cases, the customer will receive a full refund of the ticket price or — where an event is abandoned partway through — a pro-rata refund. Any further claims by the customer are excluded where the reason for the cancellation or abandonment is not attributable to the promoter. The promoter's statutory rights to cancel or abandon an event remain unaffected.

12.2 The promoter reserves the right, where a performer is unable to appear due to incapacity, illness, or death, to make cast substitutions and/or programme changes at its reasonable discretion, or to reschedule the event to an alternative venue or date on grounds set out in Clause 12.1, provided this is reasonable for the customer having regard to the promoter's interests. In such cases, the customer's rights of withdrawal and price reduction are excluded. The promoter's statutory rights to reschedule or alter an event remain unaffected.

12.3 The promoter reserves the right, even after the contract has been concluded, to allocate the customer a different seat at the event at its reasonable discretion, where the seat shown on the ticket is unavailable (e.g. due to damage) and this is reasonable for the customer having regard to the promoter's interests. In such cases, the customer's rights of withdrawal and price reduction are excluded. The promoter's statutory rights to change seating arrangements remain unaffected.

13. Liability

13.1 The promoter's liability for damage arising from loss of life, personal injury, or harm to health that is not caused by a culpable (i.e. intentional or negligent) breach of duty by the promoter, its legal representatives, or its agents is excluded.

13.2 For all other types of loss or damage, the promoter is only liable where such damage is caused by the intentional act or gross negligence of the promoter, its legal representatives, or its agents. However, where damage arises from a breach of a fundamental contractual obligation (i.e. an obligation whose fulfilment is essential to the proper performance of the contract and on which the other party regularly relies and is entitled to rely), the promoter is liable for any degree of fault, though in cases of ordinary negligence liability is limited to foreseeable, typically occurring loss.

13.3 Liability under the Product Liability Act — which governs a manufacturer's liability for products — is not affected by Clauses 13.1 and 13.2.

13.4 The provisions of Clauses 13.1 to 13.3 apply equally to the liability of the promoter's agents and legal representatives, and correspondingly to our own liability and that of our agents and legal representatives.

13.5 This Clause 13 does not affect the burden of proof.

14. Wheelchair Users

Spaces are available for wheelchair users. The right to an accessible space only arises where a requirement has been indicated before purchasing a ticket and the promoter has confirmed that such a space is available.

15. Right of Withdrawal

The customer has no right to withdraw from their contractual declaration, as no right of withdrawal exists pursuant to Section 312g(2), sentence 1, no. 9 of the German Civil Code (BGB). Tickets are therefore non-refundable and cannot be returned.

16. Data Protection

16.1 Contact details: We are the data controller within the meaning of Article 4(7) GDPR. Our address and contact details, together with the address and contact details of our Data Protection Officer (including their e-mail address), are set out in Clause 1.1.

16.2 Purpose and legal basis of processing: Where purchasing a ticket or subscription requires the customer to provide personal data (hereinafter "data"), such data will be processed for the purposes of entering into and performing the contract (including debt collection and enforcement), on the legal basis provided by data protection legislation, in particular Article 6(1)(b) GDPR. Data will also be processed on the basis of data protection legislation to protect the promoter's legitimate interests (in particular Article 6(1)(f) GDPR). Those legitimate interests consist — subject to the provisions below — in preventing the promoter or third parties from suffering financial loss through non-payment, and in communicating product information to the customer.

16.3 Categories of data: The following categories of data are processed: master data (such as name and address), communications data, contractual and order data, receivables data, and, where applicable, payment and default information.

16.4 Third-party recipients: Data is shared with third parties (e.g. promoters, service providers) where necessary for the performance of the contract. Data may also be transmitted — even prior to the conclusion of a contract — to credit reference agencies such as SCHUFA, in compliance with applicable legislation, for the purpose of preventing financial loss to the promoter or third parties, e.g. to obtain probability scores regarding the risk of non-payment or to report undisputed or legally established debts owed by the customer that are in default. Credit reference agencies store the data transmitted to them in order to make it available to their member organisations for the purpose of assessing credit risk. Such data is only disclosed, however, where the requesting member organisation can demonstrate a legitimate interest in receiving it. Credit reference agencies may also disclose address information for the purpose of tracing debtors. Customers may obtain information from the credit reference agency regarding any data stored about them. Where debts are referred for collection, data may be transmitted to the following categories of recipients, to the extent necessary for the collection of the debt: debt purchasers, credit reference agencies, debt collection agencies, third-party debtors, local registration authorities, courts, bailiffs, and solicitors. In the event of a breach of the provisions of Clauses 9.6 and 9.10 (unauthorised transfer and failure to name the recipient) or Clause 10.1 (purchase under a false or third-party name), data may also be passed on to third parties who require it for the purpose of pursuing similar breaches, such as a trade standards body.

16.5 Marketing communications: Data will be used, in accordance with applicable data protection legislation (in particular Article 6(1)(f) GDPR), to send the customer information about other services offered by the promoter, by post or — subject to the requirements of Section 7(3) of the German Act Against Unfair Competition (UWG) — by electronic means.

16.6 Retention period: Data will be deleted promptly where there is an obligation to do so, in particular where it is no longer needed for the purposes for which it was collected and no statutory retention obligations apply. In any event, a review of whether data can be deleted will be carried out every three years.

16.7 Customer right to object: The customer may object at any time to the processing of their data for the purpose described in Clause 16.5. The customer also has a right to object under Article 14(2)(c) in conjunction with Article 21 GDPR to processing carried out on the basis of Article 6(1)(f) GDPR.

16.8 Further customer rights: Subject to the statutory requirements (in particular those set out in the GDPR), the customer has the following rights: the right of access, the right to rectification, the right to erasure, the right to restriction of processing, and the right to data portability. The customer also has the right to lodge a complaint with the supervisory authority regarding the processing of their personal data. The address of the supervisory authority with responsibility for us is: Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit (Hamburg Commissioner for Data Protection and Freedom of Information), Prof. Dr. Johannes Caspar, Klosterwall 6, 20095 Hamburg, Tel: +49 40 428 54 40 40, Fax: +49 40 428 54 40 00, E-mail: [email protected], Website: www.datenschutz-hamburg.de

17. Dispute Resolution

The EU Commission provides an online platform for out-of-court consumer dispute resolution at ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. Should you have any concerns, please do not hesitate to contact us directly.

18. Governing Law and Jurisdiction

18.1 These Terms and Conditions are governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

18.2 The German courts shall have exclusive international jurisdiction over disputes arising from or in connection with the event contract where the customer entered into the contract for purposes relating to their professional or commercial activity, or where the customer was domiciled or habitually resident in the Federal Republic of Germany at the time of contracting. In all other respects, the statutory rules on jurisdiction apply.

18.3 Where the German courts have international jurisdiction and the customer was a registered trader at the time of contracting, exclusive local jurisdiction shall vest in the courts of the district in which we have our registered office. In all other respects, the statutory rules on jurisdiction apply.