Terms and Conditions

This translation has been generated automatically and is for informational purposes only. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

These General Terms and Conditions consist of two sections:

A: Our General Terms and Conditions for the Purchase of Tickets

B: Our General Terms and Conditions for the Purchase of Vouchers

1. Contact Details and Scope

1.1. Our contact details are:

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

Our data protection officer, Dr. Uwe Nolte, can be reached using the contact details below and at the email address [email protected]:
Dr. Uwe Nolte 
Dr. Nolte Datenschutz & QM 
Am Ziegelteich 44 b D-22525 Hamburg 
Telephone: +49 160 63 222 32

1.2. These General Terms and Conditions (T&Cs) apply to events that we offer, whether in our own name or in the name of another organiser. They apply to both single tickets and subscriptions.

1.3. Should further terms and conditions be incorporated into the contract, in particular those of another organiser, these T&Cs shall take precedence over such other terms in the event of any conflict.

1.4. In addition to these T&Cs, the house rules displayed at the venue shall apply. In the event of any conflict, these T&Cs shall take precedence over the house rules.

2. Contracting Party / Services

2.1. Where we sell tickets not as the organiser in our own name but in the name of another organiser, we act as that organiser's agent. In this case, the rights and obligations under the event contract arise between the relevant organiser and the customer. Any claims the customer may have under the event contract (for example concerning the staging, cancellation or rescheduling of the event) must therefore be asserted against the organiser and not against us. The organiser has appointed us to carry out and process the sale of the tickets (handling the ordering process, dispatching tickets, processing payments, etc.). The relevant organiser remains the contracting party. To ensure faster handling of any questions or problems, customers are asked to contact us as their point of contact.

2.2. The event contract entitles the customer to carriage by public local transport operators only if and to the extent that this is stated in our ticket description or during the ordering process. The contract of carriage is concluded exclusively between the customer and the transport operator; accordingly, there is no claim against the organiser for carriage.

3. Order / Conclusion of Contract / Ticket Draws

3.1. The customer's order at an advance booking office, by telephone or in the online shop constitutes an offer to conclude the event contract, which we accept, in our own name or in the name of another organiser, in accordance with the following provisions.

3.2. For orders placed at an advance booking office, the contract is concluded when the ticket is handed over.

3.3. For telephone orders, the contract is concluded when one of our employees declares acceptance over the telephone.

3.4. For orders placed in the online shop, the contract is concluded as follows: the customer selects the ticket they wish to buy and adds it to their shopping basket. After the customer confirms that they have taken note of the T&Cs, they are prompted, via the "Checkout" button, to enter their personal details or to log in. The customer is then shown the available payment methods and, once again, the contents of the shopping basket. After the customer has selected a payment method, a summary of all order details is displayed. By clicking the "Buy now" button, the customer places the order and thereby submits their offer to conclude a contract. The organiser's acceptance is sent by email.

Until the "Buy now" button has been clicked, the order details can be changed at any time or the purchase can be cancelled. To change the order details, the customer can either use the browser's "back" function or navigate to the relevant page of the ordering process using the individual buttons of the shopping basket system and make changes there.
The specific contract text of the order is not stored. However, before submitting the order, the customer can view the contract details, print them using the browser's print function and save the data themselves. After the order has been placed, the details can also be viewed at any time in the customer account.

3.5. If tickets are allocated by draw, for example because of high demand, an event contract will be concluded only if the participant has been selected in the draw for the purchase of a ticket and an event contract is subsequently concluded with them. Details of participation in and the conduct of a draw are set out in the relevant terms of participation for that draw.

Participation in the draw is non-binding for the participant; neither we nor any other organiser charge any fee for taking part in the draw.

Recourse to the courts is excluded for the draw. No rights can be derived from participation in the draw alone.

Participation in the draw is permitted only for the stated maximum number of tickets. Participants who circumvent this rule, for example by giving different names, may be excluded from the draw. The same applies to persons who are excluded from purchasing tickets for other reasons.

4. Price Components, Shipping Costs, Payment Terms

4.1. The amount payable by the customer for the tickets may exceed the prices printed on the tickets because, for example, advance booking offices may charge separate advance booking fees. Where handling and shipping costs are charged in our online shop, however, these are visible in the shopping basket before the customer places the order, so that the total price payable is always apparent. All prices stated in the online shop include the applicable statutory value added tax.

4.2. Where tickets are shipped, they are sent by standard post. An additional handling fee, which includes the shipping costs, is charged for shipping and is shown during the ordering process before the customer places the order.

4.3. When placing an order, depending on the event and the ordering arrangements, the customer can choose between various payment methods, which are specified during the ordering process before the order is placed and which may include, for example, the following:

• Cash (at advance booking offices only)
• Advance payment (prepayment by bank transfer)
• Credit card (Visa, MasterCard / EuroCard)

4.4. If the customer chooses advance payment, the total price must be transferred to the account we specify by the date stated in our invoice. The ordered tickets will be sent only once the full amount has been received.

4.5. If an instant payment system (e.g. Sofort-Überweisung) has been selected as the payment method, the customer will be redirected either to the order summary page or to the relevant website of the instant payment provider. The customer must then make the relevant selection or enter their personal details there.

4.6. We or the organiser reserve the right to restrict the use of the above payment methods in individual cases to one or only certain payment methods.

5. Due Date, Retention of Title, Chargebacks

5.1. The purchase price becomes due immediately upon conclusion of the contract, unless we or the organiser state otherwise (e.g. where the payment method is advance payment).

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

5.3. If a credit card payment is charged back, the customer is obliged to reimburse the costs arising from the chargeback, in particular fees charged by third parties such as the banks involved. Any further claims of the organiser arising from default or non-performance by the customer remain unaffected. To avoid the costs associated with a chargeback, customers are asked, in the event of withdrawal from the purchase contract, a return or a complaint, not to dispute the debit but instead to agree with us on how the payment is to be reversed.

6. Delivery, Passing of Risk

6.1. Tickets are either handed to the customer directly on site, sent to them on request, or made available as a digital ticket (e.g. a mobile ticket or a ticket sent by email for printing). Tickets can be shipped only up to 10 days before the relevant event. If the ticket contains a barcode, only its first use entitles the holder to admission, regardless of whether it is presented on an original ticket or in the form of a digital ticket. It is the customer's responsibility to protect their web shop account, their printed ticket or their digital ticket from unauthorised access by third parties. If the ticket does not contain a barcode, it likewise applies that only the first printout presented to the admission staff entitles the holder to admission. Copies or reprints of this ticket are made at the customer's own risk.

6.2. If tickets are sent at the customer's request, the risk of accidental loss, destruction or deterioration passes to the customer as soon as the tickets have been handed over by the organiser, or by us as its agent, to the shipping company. We choose the shipping company.

6.3. If, at the customer's request, tickets are held at an advance booking office or at the box office on the evening of the event, the customer can collect them there only during opening hours.

7. Maximum Order Quantity, Contractual Penalty

7.1. Each customer may order no more than the maximum number of tickets specified, regardless of the number of orders placed. Circumventing this prohibition, for example by giving different names, is prohibited.

7.2. In the event of a breach of this prohibition, the organiser is entitled to withdraw from the event contracts concluded by the customer for that event in excess of the maximum quantity (for example by blocking the tickets). Where contracts were concluded at the same time, the organiser may choose from which of them to withdraw. The customer is also obliged to pay the organiser a contractual penalty, the amount of which shall be determined by the organiser at its reasonable discretion and may be reviewed by the competent court in the event of a dispute, but which may not exceed five times the value of the tickets covered by the withdrawal. If the customer is entitled to a refund as a result of the withdrawal, the organiser may set this off against the contractual penalty. Any other contractual penalties must be taken into account when determining the contractual penalty. The organiser's claims for damages remain unaffected, although contractual penalties will be credited against claims for damages based on the same facts.

8. Additional Provisions for Subscriptions

8.1. A subscription applies to the booked series in the booked concert season. It is automatically renewed for a further season unless it is terminated in text form by the customer or the organiser at the end of the booked (or renewed) season. The notice period is set out in the relevant 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) and clause 10.1 (purchase under a false or another person's name), the organiser is entitled to terminate the subscription for cause with immediate effect.

8.3. If the customer is unable to attend an event in their subscription series, the organiser may, if the customer waives their right of attendance, offer them a voucher in exchange. The customer has no entitlement to such an exchange. The voucher may be redeemed, by arrangement with the organiser and subject to availability, for a ticket to another event during the same concert season. If the chosen ticket is more expensive than the proportion of the subscription price attributable to the event not attended, the customer must pay the difference.

8.4. If an event in a subscription series is cancelled, the organiser may either refund the proportion of the subscription price attributable to the cancelled event or offer the customer a voucher in exchange. The provisions of clause 8.3, sentences 3 and 4, apply to the redemption of the voucher.

9. Entitlement to Attend the Event, Entry into the Event Contract, Name on the Ticket, Prohibitions on Resale and Transfer, Consequences of Breach, Contractual Penalty

9.1. The organiser has an interest in preventing the resale of tickets at inflated prices and the risk of criminal offences in connection with attendance at its events. For this reason, the following provisions apply to the use and transfer of tickets.

9.2. A right to attend the event exists only on the basis of the event contract that the attendee has concluded with the organiser or has entered into under the conditions of clause 9.4. A further condition of attendance is that the attendee presents the ticket bearing their name on the front. Where a name has already been entered and the event contract has been lawfully assumed and the ticket transferred accordingly, that name must be crossed out and the name of the person entering the contract must be written in the blank space on the front, without writing over the ticket's barcode.

9.3. Proof that the attendee is the organiser's contracting party and has thereby acquired the right of attendance is provided by presenting the ticket and, at the organiser's request, photo ID. The organiser reserves the right to refuse ticket holders who have not acquired a right of attendance admission to the event, in particular by blocking the ticket. If the organiser allows the ticket holder to enter, it is also released from its obligation to perform towards its contracting party, even if the ticket holder is not the contracting party or has no right of attendance. Only one person is entitled to attend the event per right of attendance.

9.4. The purchaser can transfer the rights and obligations under the event contract (and thus also the right of attendance) to a third party only by having the third party enter into the event contract in their place, assuming all rights and obligations under the contract (assumption of the contract). Such entry requires the organiser'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 attendance, is excluded unless the third party at the same time enters into all rights and obligations under the event contract with the organiser's consent. Where a contracting party of the organiser has lawfully acquired several rights of attendance under one event contract and lawfully transfers these to several third parties by way of assumption of the contract, separate event contracts are thereby concluded with each of the persons entering the contract.

9.5. In order to prevent the resale of tickets at inflated prices and the risk of criminal offences in connection with attendance at its events, the organiser's consent to a third party entering into the event contract under clause 9.4 is not granted in the following cases:

• where tickets are sold, whether by the customer or through third parties, and the resale price exceeds the amount paid by the customer for the relevant ticket, including any fees such as advance booking, handling and service fees and shipping costs, plus a flat amount of EUR 5.00, by more than 10%; this applies in particular to private transfers as well;
• where tickets are sold at auctions (in particular on the internet), whether by the customer or through third parties;
• where tickets are sold via internet marketplaces or internet ticket exchanges, whether by the customer or through third parties;
• where tickets are sold commercially or for business purposes without the organiser's express prior written consent;
• where tickets are transferred, whether for payment or free of charge, for advertising or marketing purposes, as a bonus, promotional gift or prize, or as part of a hospitality or travel package, without the organiser's express prior written consent;
• where tickets are knowingly transferred to persons who are banned from the event premises.

9.6. The resale and transfer of tickets in breach of clause 9.5 are prohibited. The same applies to offering tickets for sale where the resale or transfer corresponding to the offer would breach clause 9.5.

9.7. For each breach of the prohibition set out in clause 9.6, the customer is obliged to pay the organiser a contractual penalty, the amount of which shall be determined by the organiser at its reasonable discretion and may be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500.00 per breach. The number of breaches is determined by the number of tickets unlawfully offered, resold or transferred. Any other contractual penalties must be taken into account when determining the contractual penalty. The organiser's claims for damages remain unaffected, although contractual penalties will be credited against claims for damages based on the same facts.

9.8. In the event of a breach of the prohibition under clause 9.6, the organiser is entitled, in addition to demanding a contractual penalty and, where applicable, damages, to withdraw from the event contract and/or to block the ticket and refuse the ticket holder admission to the event. If the customer is entitled to a refund as a result of the withdrawal or blocking, the organiser may set this off against the contractual penalty.

9.9. In the event of a breach of the prohibition under clause 9.6, the organiser is, without prejudice to its freedom of contract, entitled to exclude the customer from purchasing tickets in future.

9.10. In the event of the resale or transfer of a ticket, the customer is obliged, at the organiser's request, to notify the organiser of the name and address of the recipient of the ticket within 14 days.

9.11. If the customer fails to comply with its obligation under clause 9.10 within the time limit and, for that reason, the organiser is unable to claim a contractual penalty from the recipient or a subsequent transferee in the event of a breach of the prohibition under clause 9.6, the organiser is entitled to demand a contractual penalty from its contracting party. The amount shall be determined by applying clause 9.7 accordingly, giving due consideration to any other contractual penalties, and may be reviewed by the competent court in the event of a dispute.

9.12. Where we act in the name of another organiser, we are, by virtue of our position as the organiser's agent, entitled in particular to exercise the organiser's rights set out in this clause 9 on its behalf and in its name.

9.13. Clauses 9.1 to 9.12 also apply to subscription passes and their transfer for one or several events. In the case of a lawful transfer, the transferee enters into the subscription contract under clause 9.4 for the events for which the subscription pass is transferred to them. The transfer takes place as for a single ticket, i.e. the name of the authorised person entered on the pass must be crossed out and the name of the person entering the contract must be written in the blank space on the front without writing over the pass's barcode. The permitted surcharge for subscription passes in the case of a lawful transfer by way of assumption of the contract by a third party under clause 9.5, first bullet point, is calculated by dividing the total price of the subscription by the number of events covered by the subscription, in each case in relation to the season concerned.

10. Purchase under Another Person's Name or through Agents, Contractual Penalty

10.1. The purchase of tickets under a false or another person's name, in particular by operators of internet ticketing platforms, is prohibited.

10.2. The organiser is entitled to withdraw from the contract if a ticket is purchased in breach of the prohibition in clause 10.1 and the contract was initially concluded because the organiser was unaware of the breach.

10.3. The purchaser of the ticket is also obliged to pay the organiser a contractual penalty for each breach of the prohibition in clause 10.1, the amount of which shall be determined by the organiser at its reasonable discretion and may be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500.00 per breach. The number of breaches is determined by the number of tickets purchased under another person's name.

10.4. If the customer is entitled to a refund as a result of withdrawal under clause 10.2, the organiser may set this off against the contractual penalty under clause 10.3. Any other contractual penalties must be taken into account when determining the contractual penalty. Further claims for damages remain unaffected, although contractual penalties will be credited against claims for damages based on the same facts.

10.5. Where we act in the name of another organiser, we are, by virtue of our position as the organiser's agent, entitled in particular to exercise the organiser's rights set out in clauses 10.1 to 10.4 on its behalf and in its name.

11. Concessions, Verification of Information

11.1. Attendance at an event at a reduced price is possible only if the relevant concession entitlement still exists on the day of the event. Proof of entitlement must be provided to the admission staff on request at entry. If proof is not provided, the customer is entitled to admission to the event only if they pay the difference up to the full ticket price. Concessions cannot be combined (e.g. a student discount and a discount for people with disabilities).

11.2. If the concession entitlement did not yet exist when the contract was concluded but is acquired at a later date, there is no entitlement to a retrospective concession or to withdrawal from the contract. The same applies if an organiser introduces and offers further concessions at a later date.

11.3. Upon receipt of the tickets, the customer is obliged to check without undue delay that they are correct as regards quantity, date and venue of the event, time, concession, etc., and to raise any complaints without undue delay. If a ticket is purchased at an advance booking office, it must be checked immediately on site. The same applies to the confirmation email sent to the customer, which must likewise be checked for accuracy of the data without undue delay after receipt. Complaints regarding tickets not purchased on site can be made by telephone via our hotline or by email. Our hotline telephone number and email address are given in clause 1.1.

12. Cancellation, Rescheduling and Changes to Events

12.1. The organiser reserves the right to cancel or abandon an event because of force majeure (in particular storms, earthquakes, floods, fire, war, strikes, or external operational disruptions, such as a power failure); because the state security authorities advise against or prohibit holding or continuing the event owing to the risk of a terrorist attack; or because a performer is prevented from performing, falls ill or dies, if no replacement is available or if cancellation is appropriate out of respect for the deceased. In this case, the customer will receive a full refund of the ticket price or, if the event is abandoned, a proportionate refund. Any further claims of the customer are excluded if the organiser is not responsible for the reason for the cancellation or abandonment of the event. The organiser's statutory rights to cancel or abandon an event remain unaffected.

12.2. If a performer is prevented from performing, falls ill or dies, the organiser reserves the right, at its reasonable discretion, to change the cast and/or programme, or to move the event to another venue or date for one of the reasons mentioned in clause 12.1, provided that this is reasonable for the customer, taking into account the organiser's interests. In this case, the customer's rights of withdrawal and price reduction are excluded. The organiser's statutory rights to reschedule or change an event remain unaffected.

12.3. The organiser reserves the right, even after the contract has been concluded, to assign the customer a different seat for the event in question, at its reasonable discretion, if the seat indicated on the ticket is not available (e.g. because of a defect) and this is reasonable for the customer, taking into account the organiser's interests. In this case, the customer's rights of withdrawal and price reduction are excluded. The organiser's statutory rights to change seats remain unaffected.

13. Liability

13.1. The organiser's liability for damage arising from injury to life, limb or health that is not based on a culpable (i.e. intentional or negligent) breach of duty by the organiser or its legal representatives or vicarious agents is excluded.

13.2. For damage other than damage arising from injury to life, limb or health, the organiser is liable only if the damage is based on intent or gross negligence on the part of the organiser or its legal representatives or vicarious agents. However, where the damage is based on the breach of essential contractual obligations (i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the contracting party regularly relies and is entitled to rely), the organiser is liable for any fault, although in the case of slight negligence its liability is limited to the foreseeable damage typical for this type of contract.

13.3. Liability under the Product Liability Act (Produkthaftungsgesetz), which governs a manufacturer's liability for products, remains unaffected by clauses 13.1 and 13.2.

13.4. The provisions of clauses 13.1 to 13.3 apply accordingly to the liability of the organiser's vicarious agents and legal representatives. They also apply accordingly to our liability and the liability of our vicarious agents and legal representatives.

13.5. The burden of presentation and proof remains unaffected by this clause 13.

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 controller within the meaning of Art. 4 no. 7 GDPR. Our address and contact details, as well as the address and contact details of our data protection officer, including his email address, are given in clause 1.1.

16.2. Purpose of processing and legal basis: Where the purchase of a ticket or subscription requires the customer to provide personal data (hereinafter "data"), this data is processed for the purposes of concluding and performing the contract (including legal enforcement and debt collection) on the basis of data protection law, in particular Art. 6(1)(b) GDPR. The data is also processed on the basis of data protection law to safeguard the legitimate interests of the organiser (in particular Art. 6(1)(f) GDPR). The legitimate interest consists, in accordance with the following provisions, in avoiding bad debts on the part of the organiser or third parties and in sending product information to the customer.

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

16.4. Third-party recipients: Data is also exchanged with third parties (e.g. organisers, service providers) for the purpose of performing the contract. Data may also, in compliance with the applicable rules and even before the contract is concluded, be transmitted to credit reference agencies, for example SCHUFA, in order to avoid bad debts on the part of the organiser or third parties, for instance to obtain probability scores for a payment default or to report undisputed or judicially established claims of the organiser in respect of which the customer is in default. The credit reference agencies also store the data transmitted to them so that they can make it available to their affiliated contracting partners when assessing the risk of default. However, such data is made available only if the contracting partners affiliated with the credit reference agency can demonstrate a legitimate interest in the transmission of the data. The credit reference agency may disclose address data for the purpose of tracing debtors. The customer can obtain information from the credit reference agency about the data stored about them. In the case of debt collection, data may be transmitted to the following categories of recipients where this is necessary to collect the debt: assignees, credit reference agencies, debt collection companies, garnishee debtors, residents' registration offices, courts, bailiffs and lawyers. In the event of a breach of the provisions of clauses 9.6 and 9.10 (unauthorised transfer and failure to name the recipient) and clause 10.1 (purchase under a false or another person's name), the data may also be passed on to third parties who need the data for the legal pursuit of similar breaches, for example a competition watchdog such as the Wettbewerbszentrale.

16.5. Product information: On the basis of data protection law (in particular Art. 6(1)(f) GDPR), data is used to send the customer, by post or, subject to section 7(3) of the Unfair Competition Act (UWG), by electronic means, information about other services offered by the organiser.

16.6. Data retention period: Data is deleted without undue delay where there is an obligation to do so, in particular where the data is no longer needed for the purposes for which it was collected and no retention obligations apply. Irrespective of this, a review is carried out every three years to determine whether the data can be deleted.

16.7. Customer's rights to object: The customer may object to the processing of data for the purpose stated in clause 16.5 at any time by notifying the organiser. Irrespective of this, the customer has a right of objection under Art. 14(2)(c) in conjunction with Art. 21 GDPR in respect of processing under Art. 6(1)(f) GDPR.

16.8. Other rights of the customer: Provided that the statutory conditions (in particular those of the GDPR) are met, the customer has the following rights: the right of access, rectification, erasure, restriction of processing and data portability. The customer may also lodge a complaint about the processing of their data with the supervisory authority. The address of the supervisory authority responsible for us is: Der Landesbeauftragte für Datenschutz und Informationsfreiheit der Freien Hansestadt Bremen (State Commissioner for Data Protection and Freedom of Information of the Free Hanseatic City of Bremen), Dr. Utermark, Georgstraße 122-124, 27570 Bremerhaven, Telephone: +49 471 596 2010, Email: [email protected] / www.datenschutz.bremen.de.

17. Dispute Resolution

The EU provides an online platform for out-of-court dispute resolution for consumers at https://consumer-redress.ec.europa.eu/index_de.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If you have any concerns, you are welcome to contact us at any time.

18. Choice of Law, Agreement on International and Local Jurisdiction

18.1. The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

18.2. The German courts have exclusive international jurisdiction over disputes arising out of or in connection with the event contract if the customer concluded the contract for a purpose that can be attributed to their professional or commercial activity, or if the customer had their place of residence or habitual abode in the Federal Republic of Germany when the contract was concluded. Otherwise, the statutory rules on jurisdiction apply.

18.3. If the German courts have international jurisdiction and the customer was a merchant at the time the contract was concluded, the courts in whose district we have our registered office have exclusive local jurisdiction. Otherwise, the statutory rules on jurisdiction apply.

1. Contact Details and Scope

1.1. Our contact details are:

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

Our data protection officer can be reached using the above contact details and at the email address [email protected].

1.2. These General Terms and Conditions apply to contracts for the purchase of vouchers concluded via our online shop, by telephone or at our advance booking offices.

1.3. These General Terms and Conditions do not apply to the purchase of tickets or subscriptions; our General Terms and Conditions for the Purchase of Tickets, set out under A. above, apply to those instead.

1.4. Any terms and conditions of the customer that deviate from or conflict with these terms have no effect unless we expressly agree to them in writing.

2. Contracting Party

The offer to purchase vouchers from us is directed exclusively at consumers. A consumer is anyone who concludes the contract for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity.

3. Redemption of Vouchers / Remaining Balance / Transferability / Loss / Period of Validity

3.1. Vouchers can be redeemed only for the purchase of tickets from us in our online shop or by telephone. Our General Terms and Conditions for the Purchase of Tickets, set out under A. above, apply to the purchase of the tickets.

3.2. Vouchers cannot be redeemed for cash, not even in part. If a voucher is only partially redeemed, the remaining balance stays in place and can be redeemed on a further purchase of tickets from us.

3.3. Vouchers are transferable. A voucher cannot be redeemed more than once, including by means of copies or reprints.

3.4. We may discharge our obligation by performing to whoever holds the voucher. If the customer has lost a voucher, we are under no obligation to perform. There is no entitlement to a replacement for a lost voucher.

3.5. A voucher is valid only until the end of the third calendar year after the year of issue. Example: if a voucher is issued on 1 April 2026, it is valid until 31 December 2029.

4. Order / Conclusion of Contract

4.1. The customer's order at an advance booking office, by telephone or in our online shop constitutes an offer to conclude a contract for the purchase of a voucher, which we accept in accordance with the following provisions.

4.2. For the purchase of a voucher at an advance booking office, the contract is concluded when the voucher is handed over.

4.3. For telephone orders, the contract is concluded when one of our employees declares acceptance over the telephone.

4.4. For orders placed in the online shop, the contract is concluded as follows: the customer selects the voucher they wish to buy and adds it to their shopping basket. After the customer confirms that they have taken note of the T&Cs, they are prompted, via the "Checkout" button, to enter their personal details or to log in. The customer is then shown the available payment methods and, once again, the contents of the shopping basket. After the customer has selected a payment method, a summary of all order details is displayed. By clicking the "Buy now" button, the customer places the order and thereby submits their offer to conclude a contract. The organiser's acceptance is sent by email.

Until the "Buy now" button has been clicked, the order details can be changed at any time or the purchase can be cancelled. To change the order details, the customer can either use the browser's "back" function or navigate to the relevant page of the ordering process using the individual buttons of the shopping basket system and make changes there.
The specific contract text of the order is not stored. However, before submitting the order, the customer can view the contract details, print them using the browser's print function and save the data themselves. After the order has been placed, the details can also be viewed at any time in the customer account.

5. Price Components, Shipping Costs, Payment Terms

5.1. All prices stated include the applicable statutory value added tax.

5.2. Where vouchers are shipped, they are sent by standard post. An additional handling fee, which includes the shipping costs, is charged for shipping and is shown during the ordering process before the customer places the order.

5.3. In the event of withdrawal, the customer must bear the direct costs of returning the goods.

5.4. When placing an order, the customer can choose between various payment methods, which are specified during the ordering process before the order is placed and which may include, for example, the following:

• Cash (at advance booking offices only)
• Advance payment (prepayment by bank transfer)
• Credit card (Visa, MasterCard / EuroCard)
• Sofort-Überweisung (instant bank transfer)

5.5. If the customer chooses advance payment, the total price must be transferred to the account we specify by the date stated in our invoice. The ordered vouchers will be sent only once the full amount has been received.

5.6. If an instant payment system (e.g. Sofort-Überweisung) has been selected as the payment method, the customer will be redirected either to the order summary page or to the relevant website of the instant payment provider. The customer must then make the relevant selection or enter their personal details there.

5.7. We reserve the right to restrict the use of the above payment methods in individual cases to one or only certain payment methods.

6. Due Date, Retention of Title, Chargebacks

6.1. The purchase price becomes due immediately upon conclusion of the contract, unless we state otherwise (e.g. where the payment method is advance payment).

6.2. Vouchers remain our property until payment has been made in full.

6.3. If a credit card payment is charged back, the customer is obliged to reimburse the costs arising from the chargeback, in particular fees charged by third parties such as the banks involved. Any further claims on our part arising from default or non-performance by the customer remain unaffected. To avoid the costs associated with a chargeback, customers are asked, in the event of withdrawal from the contract, not to dispute the debit but instead to agree with us on how the payment is to be reversed.

7. Delivery, Passing of Risk

7.1. Vouchers are either made available to the customer in digital form, sent by post or handed over directly on site.

7.2. If shipping takes place at the customer's request, the risk of accidental loss, destruction or deterioration passes to the customer as soon as we have handed the voucher over to the shipping company. We choose the shipping company.

7.3. A voucher can be redeemed only up to the total value stated on the voucher. A voucher cannot be redeemed more than once, including by means of copies or reprints. It is the customer's responsibility to protect their web shop account, their printed voucher or their digital voucher from unauthorised access by third parties.

8. Liability

8.1. Our liability for damage arising from injury to life, limb or health that is not based on a culpable (i.e. intentional or negligent) breach of duty on our part or on the part of our legal representatives or vicarious agents is excluded.

8.2. For damage other than damage arising from injury to life, limb or health, we are liable only if the damage is based on intent or gross negligence on our part or on the part of our legal representatives or vicarious agents. However, where the damage is based on the breach of essential contractual obligations (i.e. obligations whose fulfilment is a prerequisite for the proper performance of the contract in the first place and on whose observance the contracting party regularly relies and is entitled to rely), we are liable for any fault, although in the case of slight negligence our liability is limited to the foreseeable damage typical for this type of contract.

8.3. The provisions of clauses 8.1 and 8.2 apply accordingly to the liability of our vicarious agents and legal representatives.

8.4. The burden of presentation and proof remains unaffected by this clause 8.

9. Information on the Right of Withdrawal

9.1. There is no right of withdrawal for the purchase of vouchers at advance booking offices. In all other cases of purchase, in particular via our online shop or by telephone order, the buyer has a right of withdrawal if they are a consumer. A consumer is anyone who concludes the contract for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity.

9.2. We provide information on the right of withdrawal, which exists in the cases mentioned in clause 9.1, in clause 9.3 below. The model withdrawal form, which can be used to make the declaration of withdrawal, is set out in clause 9.4.

9.3. Information on the right of withdrawal:
Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Konzertdirektion Dr. Rudolf Goette GmbH, Alsterterrasse 10, 20354 Hamburg, Tel.: +49 40 35 35 55, email: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees because of this repayment. We may refuse reimbursement until we have received the goods back or until you have supplied evidence that you have sent back the goods, whichever is the earlier.

You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You are liable for any diminished value of the goods only if this results from handling of the goods that is not necessary for establishing their nature, characteristics and functioning.

9.4. Model withdrawal form: If you wish to withdraw from the contract, please complete and return this form: Model withdrawal form.

10. Data Protection

10.1. Contact details: We are the controller within the meaning of Art. 4 no. 7 GDPR. Our address and contact details, as well as the address and contact details of our data protection officer, including his email address, are given in clause 1.1.

10.2. Purpose of processing and legal basis: Where the purchase of a voucher requires the customer to provide personal data (hereinafter "data"), this data is processed for the purposes of concluding and performing the contract (including legal enforcement and debt collection) on the basis of data protection law, in particular Art. 6(1)(b) GDPR. The data is also processed on the basis of data protection law to safeguard the legitimate interests of the organiser (in particular Art. 6(1)(f) GDPR). The legitimate interest consists, in accordance with the following provisions, in avoiding bad debts and in sending product information to the customer.

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

10.4. Third-party recipients: Data is also exchanged with third parties (e.g. service providers) for the purpose of performing the contract. Data may also, in compliance with the applicable rules and even before the contract is concluded, be transmitted to credit reference agencies, for example SCHUFA, in order to avoid bad debts, for instance to obtain probability scores for a payment default or to report undisputed or judicially established claims against the customer in respect of which the customer is in default. The credit reference agencies also store the data transmitted to them so that they can make it available to their affiliated contracting partners when assessing the risk of default. However, such data is made available only if the contracting partners affiliated with the credit reference agency can demonstrate a legitimate interest in the transmission of the data. The credit reference agency may disclose address data for the purpose of tracing debtors. The customer can obtain information from the credit reference agency about the data stored about them. In the case of debt collection, data may be transmitted to the following categories of recipients where this is necessary to collect the debt: assignees, credit reference agencies, debt collection companies, garnishee debtors, residents' registration offices, courts, bailiffs and lawyers.

10.5. Product information: On the basis of data protection law (in particular Art. 6(1)(f) GDPR), data is used to send the customer, by post or, subject to section 7(3) of the Unfair Competition Act (UWG), by electronic means, information about other services offered by the organiser.

10.6. Data retention period: Data is deleted without undue delay where there is an obligation to do so, in particular where the data is no longer needed for the purposes for which it was collected and no retention obligations apply. Irrespective of this, a review is carried out every three years to determine whether the data can be deleted.

10.7. Customer's rights to object: The customer may object to the processing of data for the purpose stated in clause 10.5 at any time by notifying the organiser. Irrespective of this, the customer has a right of objection under Art. 14(2)(c) in conjunction with Art. 21 GDPR in respect of processing under Art. 6(1)(f) GDPR.

10.8. Other rights of the customer: Provided that the statutory conditions (in particular those of the GDPR) are met, the customer has the following rights: the right of access, rectification, erasure, restriction of processing and data portability. The customer may also lodge a complaint about the processing of their data with the supervisory authority. The address of the supervisory authority responsible for us is: Der Landesbeauftragte für Datenschutz und Informationsfreiheit der Freien Hansestadt Bremen (State Commissioner for Data Protection and Freedom of Information of the Free Hanseatic City of Bremen), Dr. Utermark, Georgstraße 122-124, 27570 Bremerhaven, Telephone: +49 471 596 2010, Email: [email protected] / www.datenschutz.bremen.de.

11. Dispute Resolution

The EU provides an online platform for out-of-court dispute resolution for consumers at https://consumer-redress.ec.europa.eu/index_de.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If you have any concerns, you are welcome to contact us at any time.
 

12. Choice of Law, Agreement on International and Local Jurisdiction

12.1. The law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

12.2. The German courts have exclusive international jurisdiction over disputes arising out of or in connection with the contract if the customer concluded the contract for a purpose that can be attributed to their professional or commercial activity, or if the customer had their place of residence or habitual abode in the Federal Republic of Germany when the contract was concluded. Otherwise, the statutory rules on jurisdiction apply.

12.3. If the German courts have international jurisdiction and the customer was a merchant at the time the contract was concluded, the courts in whose district we have our registered office have exclusive local jurisdiction. Otherwise, the statutory rules on jurisdiction apply.