GTC online ticket purchases

1 Scope of application
The following General Terms and Conditions apply to the use of online ticket sales by STADE Marketing und Tourismus GmbH at www.stade-tourismus.de.
STADE Marketing und Tourismus GmbH sells the tickets as an agent, unless it is expressly designated as the organiser. By ordering tickets, the guest authorises STADE Marketing und Tourismus GmbH to handle ticket sales, including shipping.
With the purchase of the ticket, contractual relationships with regard to the event attendance are established exclusively between the ticket holder (purchaser) and the respective organiser. The latter is therefore the sole counterparty for claims for fulfilment of the event service or any other secondary claims in connection with the event.
The organiser’s own general terms and conditions may apply to these legal relationships, insofar as these have been effectively incorporated into the contract.

2 Prices
The prices for the events can be viewed on the Internet in the descriptions of the events. Unless otherwise stated in individual cases, the ticket price offered includes both the advance booking and processing fees as well as the statutory value added tax, unless they are travel services in accordance with § 25 UStG.

3. terms of payment/retention of title
The total price of the order, including all fees, is due for payment immediately upon confirmation of the order with the assignment of an individual booking number. Payment is made by credit card or SEPA direct debit in the case of online ticket sales.
If the financial transaction is made via STADE Marketing und Tourismus GmbH, this is done in the name and for the account of the respective organiser. The tickets remain the property of the organiser until full payment has been made. If a payment is charged back, the customer is obliged to return the tickets immediately and to reimburse the costs incurred by the chargeback.
STADE Marketing und Tourismus GmbH is entitled to charge fees for any necessary reminders.
The assertion of further damages on the part of the organiser is not excluded by this.

4. number of participants
The minimum number of participants varies depending on the programme. Information on this can be found in the detailed descriptions. The organiser reserves the right to cancel the tours five days in advance if the minimum number of participants is not reached, provided that both the number of participants and the cancellation deadline have been expressly communicated in advance. The ticket price will be refunded in full or, at the request of the ticket purchaser, offset against another tour or event. The ticket purchaser is not entitled to any further claims for compensation in connection with the cancellation.

5 Exchanges and returns
Tickets cannot be exchanged or returned. As the purchase of event tickets is a leisure activity, the guest has no right of cancellation or return when purchasing tickets online (cf. § 312 g para. 2 no. 8 BGB). Every ticket order is therefore binding immediately after confirmation and obliges the customer to accept and pay for the tickets. Cancellation of booked tickets is not possible. If the ticket is not used, it will expire.

6 Liability
6.1 STADE Marketing und Tourismus GmbH shall be liable to the ticket purchaser for grossly negligent or wilful breach of its obligations as an agent. Any further liability is excluded. Excluded from the limitation of liability according to sentence 1 is the liability for damages resulting from injury to life, body or health and for other damages, insofar as the latter are based at least on a grossly negligent breach of duty by the institution, its legal representative or a vicarious agent. Liability for the breach of material contractual obligations is also excluded from the limitation of liability in accordance with sentence 2.
The contractual partner and service provider shall be liable for the brokered service itself.

6.2 The Organiser’s contractual liability for damages that are not physical injury and were not culpably caused is limited to three times the contractual price per customer (calculated on the price per ticket).

6.3 The Organiser shall not be liable for third-party services (e.g. catering services, merchandising, etc.), but the respective service provider directly.

6.4 STADE Marketing und Tourismus GmbH does not participate in arbitration proceedings under the German Consumer Dispute Resolution Act (VSBG). If consumer dispute resolution becomes mandatory after these terms and conditions go to print, STADE Marketing und Tourismus GmbH shall inform the customer of this in an appropriate form. Since 15 February 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives such customers who are consumers the opportunity to initially resolve disputes in connection with the use of the internet platform without the involvement of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.

7 Data protection
All personal data provided to STADE Marketing und Tourismus GmbH is protected against misuse in accordance with the statutory provisions. The personal data transmitted to us by the customer is collected, stored and processed electronically, including by automated means. Personal data is data that can be used to determine the identity of the customer, such as name, address, date of birth, telephone number, e-mail or IP address. Personal data is only collected and recorded by us if it is related to the booking and is necessary to ensure the smooth processing and payment of the booking. The collection and processing of the data transmitted by the customer takes place in compliance with the General Data Protection Regulation (GDPR). Upon request, the customer can receive information free of charge about the data stored about him and, if necessary, assert his right to correction, deletion, blocking, complaint, transferability, as well as to objection and information about the duration of the storage of the data. If a deletion request is made, it must be noted that this may conflict with legal regulations or billing/accounting purposes. The request should be sent to: info@stade-tourismus.de A complaint can be lodged with the competent data protection authority of the state of Lower Saxony. Please also see our data protection information at: https://stade-tourismus.de/m/de/data_protection.html.

8 Applicable law/place of fulfilment and jurisdiction/severability clause
The law of the Federal Republic of Germany shall apply exclusively. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
The sole place of fulfilment for delivery, performance and payment is Stade.
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of STADE Marketing und Tourismus GmbH. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

If individual provisions of these GTC are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the provision that is customary in the industry for this case; in the absence of a valid provision customary in the industry, the corresponding statutory provision shall apply.

STADE Marketing and Tourismus GmbH
Hansestrasse 16
21682 Stade
Telephone: 04141 77698-0
Fax: 04141 77698-30
E-mail: info@stade-tourismus.de

Translated from German by DeepL