In these terms and conditions the following definitions are used used:
General Terms and Conditions: these general terms and conditions of TECTIX Ticketing UG (limited liability)
TECTX: the limited liability company TECTIX Ticketing UG, based in Dusseldorf.
Client / customer: the contracting party who is in the exercise of a profession or trade in the Qualification as a user of the services provided by or on behalf of TECTIX Services or goods and those for the organization and / or production is responsible for the event.
Application: the (online) system developed by TECTIX for purchasing, brokering, the handling, processing and billing of tickets (including any Updates and the smartphone Application for this system).
Contract: the respective contract between the customer and the user for the provision of paid services in connection with an event at TECTIX as Intermediary occurs.
Place: the place where the event takes place.
Event: the public or private event at which - for example, but not exclusively - a performance of an artistic and / or sporting nature is presented including, but not limited to, a musical, theatrical or Musical performance, concert, show, or sporting event.
Ticket: proof of access authorization to one of or on behalf of the Customers organized an event that the customer sent to the user via the application sold.
User: the natural and / or legal person used by the customer or another User using the application a ticket for one of the customer or in his Name organized event acquires.
2. Applicability of the general terms and conditions
2.1 These general terms and conditions apply to every offer, every contract and all services between TECTIX, the users and the client, insofar as the Parties not expressly and writing of these general Terms and conditions differ.
2.2 The validity of other terms and conditions of the user and / or the client TECTIX expressly contradicts this.
2.3 The general terms and conditions of the Client as well as the general terms and conditions of the owner of the locations. In the event of any contradiction between the provisions of these General Terms and Conditions Terms and conditions and the above conditions have the provisions of these terms and conditions take precedence. In case of contradictions
between the general terms and conditions of the customer and those of the owner of the locations, the general terms and conditions of the customer take precedence. A Copy of the general terms and conditions of the client or the owner of the locations is available from the client or the respective owner of the location.
2.4 TECTIX is entitled to change the general terms and conditions and to declare the general terms and conditions for contracts applicable. The changed general terms and conditions can be viewed on the TECTIX website.
2.5 In the event that one or more of the terms and conditions of these General Terms and Conditions are or become void, the remaining terms and conditions shall remain in effect.
3. Conclusion of the contract
3.1 TECTIX acts as an agent when the contract is concluded between the user (s) and the customer with regard to the offer and sale of (reservations for) tickets. TECTIX is not a party to the contract that comes about through the purchase of a ticket. The contract is concluded after the user has bought one or more tickets via the TECTIX application. TECTIX provides the tickets in the name of the client or another user.
3.2 Before confirming his reservation, the user must always carefully check whether the correct tickets have been reserved. The user must therefore always use a correct e-mail address when making a reservation. If there are any doubts about the correctness of the information provided by the user when ordering, TECTIX can contact the user using the data provided by the user. If TECTIX is unable to reach the user and is therefore unable to check the information, TECTIX can cancel the reservation and sell the tickets to another user. If TECTIX has doubts about the correctness or validity of the information provided by the user when ordering or that of the user means of payment used, TECTIX is entitled to cancel the user's reservation and sell the tickets to another user. TECTIX will do its best to inform the user in such a situation.
3.3 Every contract is concluded under the condition precedent that sufficient products or services are available.
3.4 The user cannot invoke a right of withdrawal. The right of withdrawal does not apply on the basis of Article 16 (i) Chapter 3 of Directive 2011/83 / EU on consumer rights. Tickets cannot be returned. The provisions of Article 6: 230p (e) apply to the tickets.
4.1 TECTIX offers the customer the option of using the application to sell tickets to users for events to be organized by the customer.
4.2 TECTIX grants the customer access to use the application, insofar as this is necessary for the fulfillment of the contractual obligations.
4.3 The application - also with a view to maximizing the number of tickets to be sold - is administered, maintained and, if necessary, repaired by TECTIX in accordance with the principles of proper professional practice by and for invoices.
5. Prices and Payment
5.1 TECTIX sells tickets on behalf of the customer, who decides on the price and the number of tickets available. The information on price and availability is non-binding and subject to change.
5.2 TECTIX will make the customer an offer about the applicable tariffs.
5.3 If the user does not pay the amounts owed on time, the user owes the outstanding amount at the statutory interest rate, without the need for a reminder or notice of default, if the user does not comply with the request for a reminder or default.
5.4 If the application mediates the transfer of ownership of a ticket between users, a service fee will be charged.
6. Delivery times
6.1 The tickets are delivered to the account linked to the mobile phone number specified by the user. TECTIX will consider the telephone number and email address provided by the user to be correct until the user has provided TECTIX with a new telephone number.
6.2 Exceeding the delivery period does not entitle the user to compensation or to withdraw from the order or the contract, unless exceeding the delivery period is so unreasonable for the user that he can maintain the contract.
7. Canceled or postponed events
7.1 It is the sole responsibility of the user to check whether an event has been canceled or postponed and to find out the new time or place. TECTIX will do its best to inform the user in good time about a postponement / cancellation of an event. TECTIX is not liable for costs that arise due to canceled or postponed events.
7.2 Tickets for postponed events generally retain their validity for the replacement event, but the customer is responsible in this regard and the user is not entitled to a replacement ticket from TECTIX.
7.3 If an event is canceled or postponed, the user can return the tickets for this event according to the scheme decided by the customer. With regard to the relevant conditions, we refer to the general terms and conditions of the event organizer. If the customer requests TECTIX to reimburse the ticket price to the user, TECTIX will do this after it has received the relevant money from the customer. Service and administration costs are not reimbursed.
8.1 The tickets sold by TECTIX remain the property of the customer. The user is expressly prohibited from offering a ticket in any other way than via the third-party application. If a ticket is offered by other means, TECTIX reserves the right to declare the ticket invalid and to demand an immediately payable contractual penalty of € 5,000.00 per case from the user.
8.2 TECTIX reserves the right to reject orders from users at any time.
9. Intellectual Property Rights
9.1 All intellectual property rights in relation to the name, the application and the logo of TECTIX remain with TECTIX Ticketing UG (limited liability).
9.2 The user must refrain from actions that could violate the related rights or other interests of TECTIX or its licensor. 9.3 The contract does not constitute a transfer of intellectual property rights from TECTIX to the user or the client.
10. Privacy and personal information
10.1 TECTIX fulfills all of its obligations as a processor under the Data Protection Regulation (GDPR). The collected data of the users will only be processed and used for purposes for which the user has given his express consent beforehand.
10.2 It is assumed that the user has read TECTIX's data protection declaration, which can be viewed on the TECTIX website, and that the user agrees to the processing of the personal data collected from him as described there.
11.1 TECTIX is not to be regarded as the organizer of the event and does not accept any liability for the artistic quality or content of the event or the course of the event in or around the event and for this reason does not assume any liability.
11.2 TECTIX's total liability for an imputable impossibility or unauthorized act is, subject to the other liability provisions in these General Terms and Conditions, limited to the compensation of the direct damage up to the amount that has been or could be charged to the user for the tickets Damage is based on intent or gross negligence on the part of TECTIX or its vicarious agents.
11.3 Liability on the part of TECTIX due to attributable non-performance of a contract only arises in any case if the user immediately and properly notifies TECTIX in writing, setting a reasonable deadline for remedial action, and TECTIX continues the non-performance even after this deadline has expired and is attributable. The request must contain a description of the error that is as complete and detailed as possible so that TECTIX is able to respond appropriately.
11.4 TECTIX is in no way liable for any damage suffered by the holder of this access certificate as a result of the acts or omissions of third parties.
12. Force Majeure
12.1 Force majeure is understood to mean any circumstance that TECTIX cannot be blamed for because it is not at fault and is not responsible according to law, case law or general opinion. 12.2 Regardless of its other rights, TECTIX is entitled to execute the order in cases of force majeure of the user at his own discretion by sending a corresponding written notification to the user, without TECTIX being obliged to pay any compensation, unless this would be unreasonable under the given circumstances based on criteria of appropriateness and equity.
12.3 In the following cases, the parties agree that it will in any case be force majeure within the meaning of article 12.1 of these general terms and conditions:
if the services - except in the case of intent or deliberate negligence on the part of TECTIX - are not provided or are provided late due to the destruction of servers, backups and other devices used by TECTIX as well as disruptions in telephone and internet traffic of any kind;
if the services on the part of TECTIX are not provided or are provided late due to acts of sabotage - whether terrorist or not - by third parties, including acts of so-called "hackers" or "crackers".
13. Compensation for Damages
13.1 The client exempts TECTIX from claims by third parties due to damage based on the fact that the client provided incorrect or incomplete information.
13.2 The client shall indemnify TECTIX upon first request if TECTIX is claimed in any way by or on behalf of a user with regard to the content and / or in the event of improper fulfillment of the contract (s) between the client and the user, e.g. Cancellations, and also in the case of related notifications from the client to the user, or in any other possible form of failure and / or illegal action by the client towards the user.
14. Applicable law and choice of place of jurisdiction
14.1 German law applies to all contracts with TECTIX.
14.2 All disputes arising from this contract or any other contract that results from it or is related to it will be judged in the first instance exclusively by the competent court in Düsseldorf.