Terms & Conditions

General Terms and Conditions of ticketbro GmbH

ticketbro GmbH offers event organizers ("merchants") the possibility to create their own ticket store for integration into their own online presence and to sell tickets to end customers via a free downloadable app ("ticketbro app") in a very short time.

§1 Scope of application, form

(1) These General Terms and Conditions ("T&Cs") shall apply to all contracts ("Contract"), between ticketbro GmbH, Habichtshöhe 88, 48282 Emsdetten ("ticketbro") and our merchants.

(2) The T&Cs shall apply exclusively; the merchant's general terms and conditions shall not apply even if the merchant expressly refers to them within the scope of its order and ticketbro does not expressly object to them in the individual case and delivers with knowledge of them.

(3) Legally relevant declarations and notifications by the merchant with regard to the contract (e.g. setting of deadlines, notification of defects, withdrawal or reduction) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax). Legal formal requirements and further proof, in particular in case of doubts about the legitimacy of the declaring party, shall remain unaffected.

(4) The T&Cs shall only apply if the merchant is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

§2 Offers, registration, conclusion of contract

(1) With the ticketbro app, ticketbro gives the group of persons named in §1 (4) the opportunity to organize the sale of access authorizations for events as well as certain services within the scope of these events (e.g. food, beverages, ticket chips, express passes, etc.) and the offer of paid services at binding times and locations ("ticket store") against payment of a commission, provided that the offer and execution of events or the offered services do not violate legal provisions or these T&Cs.

(2) ticketbro itself does not offer access authorizations for events or services and does not become a contractual partner to the contracts concluded exclusively between the merchant and their end customer via the ticketshop.

(3) The merchant must truthfully and completely provide the data required for registration in the ticketbro app.

(4) By registering, the merchant guarantees that he will only use the ticket store created by him for legal purposes. In particular, he will not use it for the trade in narcotics, distribution of pornographic content, illegal trade in weapons and ammunition, illegal prostitution, etc. A violation of this guarantee entitles ticketbro to immediately block the respective ticket store and to terminate the contract with the respective merchant without notice.

(5) By accepting these T&Cs, the merchant submits an offer to ticketbro to conclude a contract on the use of the ticketbro app. ticketbro is free to accept or reject the offer; in case of rejection, the merchant will receive a corresponding e-mail.

(6) After conclusion of the contract, the merchant is entitled to use the full range of functions of the ticketbro app. In case of rejection of the offer, ticketbro is entitled to delete the merchant's registration data.

(7) A contract is concluded exclusively with the group of persons specified in § 1 (4). By accepting these T&Cs, the merchant confirms that he belongs to this group of persons.

§3 Access to a ticketbro account, legally compliant operation of the ticket store

(1) Every merchant is given the opportunity to register an account via the app or the website www.ticketbro.io or www.ticketbro.com ("ticketbro account"). The merchant is obligated to choose access data and passwords for the ticketbro account that meet the usual security requirements, to keep these secret and to prevent unauthorized use by third parties to the best possible extent.

(2) The merchant shall immediately inform ticketbro in case of knowledge or suspicion of misuse of access data or passwords. In this case, ticketbro shall be entitled to block access to the ticketbro account until the respective circumstances have been clarified and the misuse has been stopped. The merchant shall be liable for any misuse of access to the ticketbro account for which he is responsible.

(3) The merchant shall create and maintain the technical requirements for access to the ticketbro account on his own responsibility, in particular with regard to the hardware used and the related operating system, a sufficient Internet and, if applicable, WLAN connection. Furthermore, the merchant is obligated to take the necessary precautions to secure its systems, in particular to use the common security settings of the selected browser and to use current and suitable protective mechanisms to ward off malware.

(4) The merchant is solely responsible for the legally compliant operation of its ticket store (in particular, correct and complete information provided to ticketbro for the creation of the necessary imprint by ticketbro, required notices to consumers, declarations required under data protection law, use of own general terms and conditions, etc., if applicable). In this respect, ticketbro is not liable for any claims of third parties, in particular not for warnings of third parties as well as the costs incurred by the merchant as a result. However, the merchant has the option, after separate agreement with ticketbro, to purchase the fulfillment of certain of these obligations from ticketbro or via service providers commissioned by ticketbro. However, this does not release the merchant from its sole and continuous overall responsibility for the legally compliant operation of the ticket store.

(5) The merchant shall bear full responsibility for all entries made by him in the ticketbro online ticket store, in particular event titles, inserted images, videos, etc., advertising texts, marketing material, etc.. In particular, he assures that he does not violate the rights of third parties, especially intellectual property rights. He shall fully indemnify ticketbro against any claims made by third parties against ticketbro on the basis of violations of this § 3 (5) (including any reasonable legal defense costs incurred by ticketbro).

§4 ticketbro services, availability

(1) ticketbro enables the merchant to sell tickets and other services via the online ticket store designed by the merchant using the ticketbro app. Whether the events or services for which the merchant sells the tickets take place is solely the risk of the merchant. ticketbro shall in no case be liable to the merchant's end customer for the implementation or feasibility of the event or service offered.

(2) The merchant is not permitted to integrate other ticket systems into the online ticket store created with the help of the ticketbro app and to use it to process ticket sales or sales of other services.

(3) For the term of the contract concluded with the merchant, ticketbro grants the merchant a non-exclusive, non-transferable or sub-licensable right to use the registered word mark "ticketbro" exclusively for use in its online ticket store. ticketbro reserves the right to make changes to adapt the ticketbro app and the environment of the online ticket store to the state of the art, changes for optimization purposes, in particular to improve user-friendliness, as well as changes to content. ticketbro shall inform the merchant of any significant changes in this regard and shall obtain the merchant's prior consent in the event of fundamental changes to the basis of the contract.

(4) The average availability of ticketbro shall be [95] % p.a., with maintenance and installation work being excluded from the calculation of availability. Transmission problems that are due to third-party malfunctions shall not be taken into account in the calculation of availability.

§5 Prices, commission

(1) The merchant shall determine the prices for the tickets or services sold by it via the ticketbro online ticket store ("sales price") on its own responsibility.

(2) The merchant owes ticketbro a commission in the amount of 8% of the respective selling price ("ticketbro commission"). This commission already includes all fees, such as the costs for the payment method. ticketbro uses this fee to pay the payment service provider regardless of the selected online payment method.

(3) The merchant may either show the ticketbro commission to its end customer and charge it additionally, or it may covertly include it in its ticket price. In any case, the merchant owes ticketbro the ticketbro commission immediately after the sale of the respective ticket. The ticketbro commission shall also be owed by the merchant to ticketbro if the event cannot be held by the merchant for whatever reason.

§6 Payment processing

(1) The end customer initiates a payment process of the sales price after he/she has placed his/her tickets/products in the shopping cart of the ticket store, where he/she has entered his/her customer data (first name, last name, e-mail, and telephone number) and purchased via the button "Book now with costs". The following payment methods are currently offered to the end customer via the ticket store:

• Credit cards

• GiroPay

• Maestro

• Apple Pay

• Google Pay

• iDEAL

• EPS

• SEPA direct debit (optional)

• PayPal (optional)

• Cash payment (optional)

• TWINT (optional)

(2) At this point, an order is generated internally at ticketbro and an associated payment is created at our payment service provider ("PSP"). PSPs working with ticketbro are Mangopay, Lemonway, Stripe, Saferpay, PayPal and Betterpayment. The end customer is then redirected to an external site of Mangopay where he can make the payment. The payment is made in favor of a temporary account at the PSP ("end customer wallet"). In favor of the merchant, an account is also maintained at the PSP ("merchants wallet").

(3) In case of a successful payment, the end customer is redirected back to a confirmation page of the merchant's ticket store. In the background, the PSP validates or processes the payment made and gives ticketbro a confirmation or rejection in response. This process can take several minutes. In case of rejection ticketbro automatically cancels the order and notifies the client about a failed payment/order process via email.

(4) In case of confirmation, ticketbro transfers the sales price from the above mentioned end customer wallet to the merchants wallet. Within the scope of this transaction, the ticketbro commission shall be automatically deducted and transferred to the account held in favor of ticketbro at the PSP ("ticketbro wallet"). The merchant hereby expressly agrees to this automatic transfer and deduction of the ticketbro commission in favor of the ticketbro wallet. This completes the payment processing.

(5) The merchant may pay out its credit balance on the merchant wallet to a bank account of its choice via the ticketbro app at any time in amounts starting from 5 euros. If the merchant uses Stripe as a PSP, the amount to be paid out will be payable only after up to 10 business days after the actual order.

(6) The merchants wallet is solely subject to the terms and conditions of the PSP and is operated by the PSP. ticketbro shall not be liable to the merchant for the availability of funds on the merchants wallet or for any transactions made via the merchants wallet, except in cases of intent, gross negligence and fraudulent intent. ticketbro merely offers the merchant the service of processing its payments with the assistance of the PSP.

§7 ticketbro wallet app

ticketbro offers with the public ticketbro wallet app a possibility to manage tickets digitally. End customers can import their ticket directly via web and/or app into the ticketbro wallet and manage it there. The user data of the ticketbro wallet app is property of ticketbro GmbH and can be used by ticketbro as well as by the merchants for later marketing measures (after prior legally compliant consent of the end customer). The use of the ticketbro wallet app is free of charge for both the end customer and the merchant.

§8 Advertising

As part of the promotion of its events, the merchant shall clearly indicate the use of the ticketbro app on all advertising materials (flyers, posters, advertisements, social media, etc.) of its tickets or services sold via the ticketbro online ticket store, in compliance with ticketbro's current corporate identity. ticketbro shall provide the merchant with the usual print templates for this purpose on the website for download. The merchant shall apply these logos to all advertising materials to the extent reasonable. Furthermore, the merchant shall ensure a legally flawless design of the notices and advertisements and shall in particular arrange for all notices required under competition law.

§9 Data usage

(1) With regard to the collection and use of personal data of end customers, the merchant and ticketbro shall be jointly responsible bodies in terms of data protection regulations. This does not apply to personal usage data (e.g. cookie data, website analysis), for which ticketbro is the sole responsible party. The merchant is the sole service provider within the meaning of the German Telemedia Act.

(2) ticketbro and the merchant hereby mutually agree on the purposes of the collection and use of this data as follows: ticketbro shall use the customer data generated via the ticket store made available to the merchant for order processing and communication relating to order processing, including any newsletter dispatch pursuant to §9 para. 4.

(3) The merchant uses the customer data generated via the ticketshop for the execution of the event as well as possibly for newsletter dispatch in accordance with §9 para. 4.

(4) When using the data for the purpose of sending newsletters and other e-mails of an advertising nature, ticketbro and the merchant shall ensure that the respective end customer has expressly consented to receiving the respective newsletter (ticketbro or merchant) via double-opt-in procedure prior to receipt. Details of the data usage can be found in the joint data protection statement, with which ticketbro and the merchant will inform the users of the ticket store about the data handling.

(5) If ticketbro or the merchant would like to collect or use the customer data generated via the ticket store also beyond the purposes or the scope stated in the joint data protection statement, this shall only be permissible with the consent of the respective other party and provided that the joint data protection statement has been adjusted accordingly beforehand and the intended data use is permissible under data protection law.

(6) ticketbro or the merchant shall only refuse their consent with an objective reason, e.g. if they are of the justified opinion that the intended data use violates applicable data protection laws.

§10 Liability

(1) ticketbro is not liable for disruptions or damages of any kind caused by circumstances of force majeure beyond its control, which ticketbro could not foresee and avoid even when exercising commercial diligence, such as power failure, line disruptions, Internet connection / Wifi failure, strike, natural disasters, sabotage, war, terrorism, official prohibitions and requirements, pandemics, epidemics, fire, flood, storm, hail, etc.. This exclusion does not apply if ticketbro acts intentionally or with gross negligence.

(2) There are no contractual relations between ticketbro and the merchant's end customer as purchaser of a ticket or recipient of a service with regard to the performance of the respective event or service. In this respect, the merchant shall indemnify ticketbro against all claims of its end customers asserted against ticketbro by the latter or other third parties due to cancellation, postponement or other problems in connection with an event or service of the merchant.

(3) ticketbro shall be liable for damages to the merchant - irrespective of the legal grounds - in case of intent and gross negligence. In the case of simple negligence, ticketbro shall only be liable for a) for damages resulting from injury to life, body or health, b) for damages resulting from the violation of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.

(4) The limitations of liability resulting from this §10 shall not apply insofar as ticketbro has fraudulently concealed a defect or has assumed a guarantee for the quality. The same shall apply to claims of the merchant under the Product Liability Act.

§11 Nondisclosure

The merchant undertakes to use the information obtained within the scope of this contractual relationship only for the operation of its ticketbro online ticket store and the implementation of its events or services, including their advertising, and not to pass it on to third parties or to exploit it in any other way.

§12 Choice of Law, Jurisdiction

(1) These T&Cs and all legal relations between the contracting parties shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. The prerequisites and effects of the retention of title are subject to the law at the respective place of storage of the item, insofar as the choice of law made in favor of German law is inadmissible or ineffective thereafter.

(2) If the merchant is a trader, a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising from the contractual relationship is the place of business of ticketbro in Emsdetten, Germany. The same applies if the merchant is an entrepreneur in the sense of § 14 BGB (German Civil Code). ticketbro is, however, also entitled in all cases to file suit at the place of performance or at the merchant's general place of jurisdiction. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.

§13 Information on online dispute resolution/ Consumer Dispute Resolution Act

(1) The EU Commission has created an internet platform for the online resolution of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. You can access the OS platform under the following link: http://ec.europa.eu/consumers/odr

(2) ticketbro GmbH will not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG and is not obliged to do so.

§14 Final clauses

(1) ticketbro shall be entitled to amend these Terms and Conditions with effect for the future entire business relationship with the merchant after a corresponding notification. The amendment shall be deemed approved if the merchant has not sent its objection in text form within one month after notification of the amendment. ticketbro will specifically point out this consequence to the merchant when announcing the change.

(2) A set-off by the merchant against claims of ticketbro is only permissible with claims that have been legally established or acknowledged. The same shall apply to the exercise of rights of retention.

(3) Verbal collateral agreements do not exist. Amendments or supplements to a contract concluded with the merchant must be made in writing. This also applies to a change in the written form requirement itself.

(4) Should individual provisions of the contract be invalid in whole or in part, this shall not affect the validity of the rest of the contract. The invalid provision shall then be replaced by a provision that comes as close as possible to the economic objective of the invalid provision; if this is not possible, the applicable statutory provisions shall apply.