GENERAL TERMS AND CONDITIONS (GTC)
of the
Close2Fan GmbH
Josefstraße 100/3, 3100 St. Pölten, Austria
FN 502637y, LG St. Pölten, ATU74006915
(„Close2Fan“)
Status October 2024
1 Scope of application
1.1 The GTC of Close2Fan in the version valid at the time of the order apply to the sale and brokerage of admission tickets or other access authorisations for scheduled events (tickets) as well as the sale of goods and vouchers via the web shops operated by Close2Fan, including via order forms or by e-mail.
1.2 Unless otherwise stated in the web shop for the individual events, Close2Fan is not itself the organiser of the events offered.
1.3 By submitting the order (clicking on the button ‘order with obligation to pay’), the customer recognises these GTC as binding for the legal relationship with Close2Fan.
1.4 By sending the order of tickets (click on the button ‘order with obligation to pay’), the customer also accepts the general terms and conditions of the organiser.
1.5 For consumer transactions within the meaning of § 1 KSchG (consumer transactions), these GTC apply with the deviations regulated for consumer transactions.
1.6 In the case of offers from customers to Close2Fan, a contract is concluded either by a written order confirmation, by sending the invoice or by executing the order and/or providing the service.
1.7 The content of the order and/or order confirmation must be checked by the customer. Any deviations from the order placed by the customer must be reported immediately in writing, otherwise the contract is concluded with the content confirmed by Close2Fan.
1.8 If registered on the website, the customer can view their order at any time under ‘My account’.
2 Conclusion of contract
2.1 Close2Fan's offers are always subject to change.
2.2 The presentation of events and goods in the web shops does not constitute a binding offer by
Close2Fan to conclude a contract. The customer is only requested to submit an offer by placing
an order.
2.3 By submitting the order in the webshop (clicking on the ‘order with obligation to pay’ button), the
customer submits a binding offer to conclude a purchase contract for the tickets, goods and/or
vouchers contained in the shopping basket.
2.4 Close2Fan confirms receipt of the customer's order by sending an (automatically generated)
email to the address provided by the customer (order confirmation). This order confirmation only serves to inform the customer that the order has been received by Close2Fan and does not yet represent the acceptance of the contract offer by Close2Fan.
2.5 If it is a consumer transaction, Close2Fan must send the customer the order confirmation or fulfil the order within a reasonable period of time, but no later than 14 days from the order in the web shop, otherwise the customer is no longer bound by his offer.
2.6 In the case of offers from customers to Close2Fan, a contract is concluded either by a written order confirmation, by sending the invoice or by executing the order and/or providing the service.
2.7 The content of the order and/or order confirmation must be checked by the customer. Any deviations from the order placed by the customer must be reported immediately in writing, otherwise the contract is concluded with the content confirmed by Close2Fan.
2.8 If registered on the website, the customer can view their order at any time under ‘My account’.
3 Terms of payment
3.1 The prices listed in the webshop for the respective events or goods shall apply. Unless otherwise stated for the individual events or goods, the prices are in euros and include VAT, but exclude service and shipping costs. The prices valid on the day of the order shall be charged.
3.2 Depending on the respective event and/or goods, service and/or shipping costs may be Incurred, which are shown separately to the customer in the webshop during the ordering process.
3.3 In the webshop, payments can be made with a valid credit card issued to the customer (Mastercard, Visa, Diners, Discovery), internet-enabled debit card and by eps transfer Giropay, Google Pay and Apple Pay.
3.4 The total price of the order is due or payable immediately after conclusion of the contract.
3.5 In the event of default of payment, the customer undertakes to reimburse Close2Fan for the
dunning and collection expenses incurred, insofar as they are necessary for appropriate legal prosecution. For company-related transactions, § 458 UGB is applicable. The assertion of further rights and claims shall remain unaffected.
3.6 Offsetting with counterclaims of any kind is excluded unless the claim has been expressly recognised by Close2Fan in writing and/or established by a court.
4 Terms of delivery when purchasing tickets
Unless otherwise specified in the web shop for the individual events, tickets are delivered as an electronic ticket (‘print@home ticket’ or ‘mobile ticket’) to the electronic address specified by the customer. The electronic ticket is valid as access authorisation for the respective scheduled event. Please handle electronic tickets with care to avoid data loss.
5 Obligations of the customer
5.1 The customer undertakes not to misuse the purchased tickets, in particular not to modify and/or duplicate the tickets.
5.2 The customer undertakes not to pass on, offer and/or sell the purchased tickets via secondary platforms, such as in particular eBay, Viagogo, Willhaben, Stubhub and/or other platforms and/or media.
5.3 The customer undertakes not to pass on, offer and/or sell the purchased tickets commercially.
5.4 In order to avoid misuse of tickets, Close2Fan reserves the right to limit the purchase of tickets per customer and event. The restriction on the number of tickets per customer and event is shown separately in the web shop during the ordering process. The customer undertakes not to circumvent the restriction on the number of tickets per customer and event - in particular by creating several buyer profiles and/or using different means of payment.
6 Resale on ‘TicketSwap’
6.1 Notwithstanding point 5.2, tickets purchased for selected events can be sold on the ‘TicketSwap’ platform, available at www.ticketswap.de, for private purposes only. ‘TicketSwap’ is a secondary platform for the secure and fair resale of tickets and an official partner of Close2Fan.
6.2 The availability of ‘TicketSwap’ is labelled ‘This is a secure swap’ in the webshop for the respective events.
6.3 Fees may be charged for sales on the ‘TicketSwap’ platform.
6.4 The use of the ‘TicketSwap’ platform is subject to the ‘TicketSwap’ GTC.
7 Admission to the events
7.1 The principle of first entry applies to access to events. The (electronic) ticket that is accepted first with its unique identification is the valid one. Subsequent tickets with the same identification are automatically cancelled when the first ticket is used.
7.2 By entering the event, the user of the ticket accepts the house rules of the event venue.
8 Warranty, compensation and liability
8.1 Unless otherwise stated in the web shop for the individual events, Close2Fan is not itself the organiser of the events offered and is not liable for final cancellations, postponements and/or changes to the events. Close2Fan is only responsible for the delivery of the tickets to the customer.
8.2 If Close2Fan does not offer tickets in its own name and for its own account, Close2Fan only acts as a procurer or agent. In this case, Close2Fan is only liable for the proper procurement of the tickets.
8.3 In the event of definitive cancellations of events, Close2Fan will endeavour to obtain a refund of the admission fees from the organiser.
8.4 Close2Fan will provide the service and dispatch services associated with the ticket purchase - regardless of whether the event actually takes place - and will not refund them in the event of final cancellations, postponements and/or changes to the events.
8.5 Close2Fan reserves the right to inform the customer within a reasonable period of time after Close2Fan has become aware of a final cancellation, postponement or other change to the event, using the contact details last provided by the customer.
8.6 Minor, customary and objectively justified changes to an event, in particular changes to the programme and/or the cast, are irrelevant and do not entitle the customer to withdraw from the contract concluded with Close2Fan and/or to assert warranty claims against Close2Fan.
8.7 Close2Fan is not liable for the loss of tickets or data loss in connection with electronic tickets (in particular data deletion and/or loss) that is not attributable to the sphere of Close2Fan.
8.8 Unless otherwise stipulated in these GTC, Close2Fan is only liable for damages caused by Close2Fan through gross negligence or intent, regardless of whether they are direct or indirect damages, consequential damages or loss of profit. However, this does not apply to personal injury.
9 Close2Fan's right of cancellation
Close2Fan reserves the right to unilaterally withdraw from the contract if the customer violates the provisions of these GTC, in particular the obligations of the customer in accordance with point 5 of these GTC.
10 Right of cancellation for consumers in accordance with § 11 FAGG
In the case of distance or off-premises contracts for the purchase of tickets for scheduled events that are provided in connection with leisure activities, the customer has no right of cancellation pursuant to Section 18 (1) (10) FAGG.
11 Data protection
11.1 Close2Fan processes the customer's personal data required for the purpose of contract fulfilment. The detailed data protection information in accordance with Art. 13 ff GDPR can be found on the Close2Fan website at https://close2fan.com/en/privacy-policy.
11.2 The customer is obliged to take all necessary data protection measures - in particular to obtain the declaration of consent of affected third parties for whom he purchases tickets - so that Close2Fan may process the personal data for the purpose of the contractual relationship.
12 Place of fulfilment
Unless otherwise agreed in writing, the place of fulfilment is always the registered office of Close2Fan.
13 Subsidiary agreements
Verbal collateral agreements to contracts based on these GTC and/or to these GTC are not permitted. Amendments and/or additions to the contracts on which these GTC are based must be made in writing in order to be valid. This also applies to any waiver of the written form requirement.
14 Correspondence and electronic business transactions
14.1 All correspondence between the customer and Close2Fan must include the order or invoice number.
14.2 Legal declarations between the customer and Close2Fan, in particular orders, order confirmations, ancillary agreements, etc., comply with the written form requirement if they are transmitted by e-mail.
15 Place of jurisdiction
The exclusive place of jurisdiction for any disputes in connection with these GTC and/or the contractual relationships between Close2Fan and the customer on which these GTC are based is the competent court at the registered office of Close2Fan. In the case of a consumer transaction, the competent court is the court in whose district the customer's place of residence, habitual abode or place of employment is located.
16 Choice of law
The contracts concluded between the customer and Close2Fan are subject exclusively to Austrian law, to the exclusion of national and supranational reference norms (IPRG, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. In the case of a consumer transaction, this choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer has his domicile or habitual residence.
17 Severability clause
Should individual provisions in these GTC be or become legally ineffective, invalid and/or void, the validity of the other provisions shall remain unaffected. A legally ineffective, invalid and/or void provision shall be replaced by a legally effective and valid provision that comes as close as possible to the economic purpose of the provision to be replaced.
18 Dispute resolution with consumers in accordance with the Alternative Dispute Resolution Act (AStG) and Regulation (EU) 524/2013 (ODR Regulation)
18.1 Close2Fan is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board in accordance with the Alternative Dispute Resolution Act (AStG).
18.2 The European Commission has set up a platform for online dispute resolution (OS) for consumers at http://ec.europa.eu/consumers/odr/, which customers who are consumers within the meaning of the Consumer Protection Act can contact.
Special provisions for the purchase of goods
19 Terms of delivery
19.1 Unless otherwise agreed in writing, goods shall be delivered by dispatch to the delivery address specified by the customer. The choice of transport company is made without any guarantee for the choice of the fastest delivery.
19.2 Unless otherwise stated in the description of the goods, the goods will be dispatched within 14 days of receipt of payment. These are approximate times. The information does not represent binding dispatch or delivery dates.
19.3 If not all ordered products are in stock, Close2Fan is entitled to make partial deliveries at its own expense, insofar as this is reasonable for the customer.
19.4 If Close2Fan is prevented from meeting the delivery deadlines due to force majeure (item 22 of these GTC) or other circumstances for which Close2Fan is not responsible, Close2Fan will inform the customer as soon as possible. The delivery period is extended by the duration of these events.
19.5 If the customer has not accepted the goods as agreed (default of acceptance), Close2Fan is entitled, after unsuccessfully setting a grace period, to either store the goods on its premises, for which Close2Fan may charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or to store the goods at the customer's expense and risk with an authorised tradesman. At the same time, Close2Fan is entitled to either insist on fulfilment of the contract or, after setting a reasonable grace period of at least 2 weeks, to withdraw from the contract and dispose of the goods elsewhere.
19.6 The risk is transferred to the customer when the goods are handed over to the transport company.
19.7 In the case of a consumer transaction, the risk is only transferred to the customer when the customer or a third party attributable to the customer receives the goods, unless the customer has commissioned the transport himself and has not used Close2Fan's delivery options.
20 Warranty
20.1 Minor deviations and/or deviations from a sample and/or brochure on which the offer and/or presentation in the web shop is based (in particular with regard to dimensions, weight, quality and/or colour) that do not impair the intended use are irrelevant defects and are deemed to be approved in advance.
20.2 In the case of new goods, Close2Fan provides a warranty - with the exception of point 20.1 - for any defect that is present at the time of transfer of risk and becomes apparent within 24 months (warranty period).
20.3 The customer's right under the warranty and claims arising from a price reduction or cancellation of the contract expire three months after expiry of the warranty period in accordance with point 20.2 (limitation period).
20.4 Close2Fan is entitled to choose between improvement, replacement or price reduction if the defect is only minor. Several (at least two) attempts at improvement are permitted.
20.5 In the event of cancellation of the contract, any repayment shall be calculated on the basis of the purchase price, less a reasonable usage fee and any reduction in value incurred.
20.6 The warranty period shall not be extended and/or interrupted by attempts to rectify defects.
20.7 Attempts to remedy defects are always made without recognition of a legal obligation.
20.8 Close2Fan is not obliged to make attempts to remedy defects as long as the customer has not
yet settled outstanding claims.
20.9 The right to warranty expires immediately if the customer or a third party not authorised by
Close2Fan has made changes or repairs to the goods.
20.10 The customer must always prove that the defect already existed at the time of the transfer of
risk. § Section 924 ABGB shall not apply.
20.11 To assert warranty claims, the goods must be returned to Close2Fan or sent to Close2Fan,
stating the invoice number, invoice date and the defect. The customer bears the costs for
shipping to Close2Fan as well as the risk of any loss.
20.12 If it turns out that the product complained about has no defects or that the error information was
incorrect, a minimum processing fee of EUR 20.00 plus VAT will be charged.
20.13 In the case of a consumer transaction, points 20.4 to 20.12 shall not apply. In this case, the
statutory warranty provisions for consumers shall apply.
20.14 In the case of a consumer transaction, the customer is requested to check delivered goods for completeness, correctness and other defects upon receipt, to complain to the deliverer about goods with obvious transport damage and to inform Close2Fan of this. If the customer does not comply with this, this does not lead to any restriction of the statutory warranty rights.
21 Compensation and liability
21.1 Close2Fan is not liable for damages caused by unsuitable or improper use and/or incorrect or negligent handling of the goods by the customer.
21.2 Unless otherwise stipulated in these GTC, Close2Fan is only liable for damages caused by Close2Fan's gross negligence or intent, regardless of whether they are direct or indirect damages, consequential damages or loss of profit. However, this does not apply to personal injury.
21.3 Claims for damages shall become time-barred 6 months after knowledge of the damage and the damaging party, but in any case 10 years after performance of the service.
21.4 The customer must provide proof that the damage is due to the fault of Close2Fan.
21.5 If it is a consumer transaction, points 21.2 to 21.4 do not apply. In this case, Close2Fan is not
liable for damages caused by Close2Fan's slight negligence. This does not apply to personal injury.
22 Force majeure
22.1 In the event of an external, elementary event which could not have been prevented even with the utmost reasonable care and which is so exceptional that it cannot be regarded as a typical operational risk (force majeure), such as in particular labour disputes, unrest, war or terrorist conflicts, epidemics, pandemics, epidemics, power failures and/or shortages (electricity, gas, water, etc.), power failures, official measures such as quarantine orders, etc., the contracting parties' obligation to perform shall be suspended for the duration of the event, the contractual parties' obligation to perform shall be suspended for the duration of the event.
22.2 Point 22.1 shall also apply in particular to operational and traffic disruptions, improper performance by subcontractors, transport interruptions and/or production stoppages, insofar as these events are attributable to force majeure.
22.3 Point 22.1 also applies if Close2Fan is in default at the time of the event.
22.4 Mutual claims for damages are excluded. Close2Fan will notify the customer as soon as possible of any impediments to performance due to force majeure.
22.5 Clauses to the contrary are expressly not recognised.
23 Right of cancellation for consumers according to § 11 FAGG
23.1 Customers who are consumers within the meaning of the Austrian Consumer Protection Act (KSchG) have the right to withdraw from a distance contract or a contract concluded outside the business premises of the entrepreneur within 14 days without giving reasons, unless a statutory exception applies.
23.2 The cancellation period for sales contracts and other contracts for the purchase of goods against payment begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods. In the case of a contract for several goods ordered in a single order and delivered separately, on the day on which the customer or a third party named by him who is not the carrier acquires possession of the last goods delivered. In the case of the delivery of goods in several partial consignments, on the day on which the customer or a third party named by the customer, who is not the carrier, acquires possession of the last partial consignment.
23.3 In order to exercise the right of cancellation, the customer must inform Close2Fan by means of a clear statement (e.g. a letter sent by post or email) of the decision to cancel the contract. The customer can use the sample cancellation form for consumers provided on the Close2Fan website (https://close2fan.com/en/cancellation-policy). However, the use of the sample cancellation form is not mandatory. In order to comply with the cancellation period, it is sufficient for the consumer to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
23.4 If Close2Fan fails to comply with the information obligation pursuant to Section 4 (1) (8) FAGG, the consumer's cancellation period is extended by 12 months. If Close2Fan provides the information within this period, the cancellation period ends 14 days after the date on which the consumer received the information about Close2Fan's right of cancellation.
23.5 The right of cancellation does not apply to goods
- which are manufactured according to customer specifications,
- which are clearly tailored to the personal needs of the customer,
- which are delivered sealed and are not suitable for return for reasons of health protection of hygiene, provided that the seal has been removed after delivery,
- such as sound or video recordings or computer software delivered in a sealed package, provided that the seal has been removed after delivery.
23.6 If the customer cancels the contract, he must return the received goods to Close2Fan immediately, but at the latest within 14 days of submitting the cancellation notice. The deadline is met if the customer sends the goods before the 14-day period has expired. The customer must bear the direct costs of the return shipment.
23.7 The customer must compensate Close2Fan for the reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods. However, the customer is in no way liable for the loss in value of the goods if he has not been informed by Close2Fan of his right of cancellation.
23.8 If the customer withdraws from the contract, Close2Fan must reimburse the payments made by the customer, including the delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by Close2Fan) immediately, but at the latest within 14 days of receipt of the notice of withdrawal.
23.9 Unless otherwise agreed in writing, Close2Fan will use the same means of payment for the refund that the customer used for the original transaction. Under no circumstances will the customer be charged any fees for this repayment.
23.10 In the case of purchase contracts and other contracts for the purchase of goods against payment, Close2Fan may refuse repayment until Close2Fan has either received the goods back or the customer has provided proof of the return of the goods.