GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Josefstraße 100 / 3
A - 3100 St.Pölten
Member of the Chamber of Commerce of Lower Austria
Scope of application
The GTC apply to ticket purchases and the mediation of ticket purchases for scheduled events and the purchase of goods via order forms, orders by e-mail and web shops on www.close2fan.com, on subdomains and on foreign domains as far as these shops and order forms are operated by Close2Fan GmbH. The AGB are valid in the version valid at the time of the order. Unless otherwise stated, Close2Fan GmbH will arrange admission tickets or packages and / or goods for the buyer in the name and on account of the respective organizer of the offered event and / or seller of the goods. It is not itself the organiser or seller, unless this is specified in the individual case. With the ticket / goods purchase, the buyer also accepts the general terms and conditions of the respective organizer and / or the seller and the house rules of the respective venue. The terms and conditions of the respective organizer and / or seller or the house rules of the respective venue please refer to the respective homepages. Claims of any kind in connection with the event or the goods are to be directed exclusively to the respective organizer or seller.
conclusion of contract
All orders of the customer are binding as soon as he has clicked on the button "now payable" order in the webshop or on the order form. When ordering via webshops or order forms, the customer receives a separate, possibly automated confirmation of the receipt and content of his order upon receipt. This confirmation is not automatically an acceptance of the purchase. This is done only by a separate written order confirmation, sending of the invoice or by delivery.
The correctness of the data contained in the web shops, order forms and / or on the homepage of Close2Fan GmbH is not guaranteed.
price components & payment modalities
The total price of the order includes the respective sales tax.
In the Webshops payments are possible with a valid credit card (VISA, Mastercard), as well as by GiroPay and Sofortüberweisung. For orders via order forms and e-mail, there is only the possibility of bank transfer. Some payment methods may vary depending on availability in some countries. Should the name of the buyer and the credit card or account holder differ from each other, Close2Fan GmbH reserves the right to refuse the conclusion of the contract or to cancel an already placed order at its own discretion and also without consultation (back posting of the purchase price).
Depending on the type of event, the type of delivery and the goods, different shipping and service costs may be charged. These fees are displayed to the customer in web shops when ordering in the shopping basket & for order forms and e-mail orders in the order information. The customer does not incur any additional, not stated costs.
the total price of each order is immediately due with the payment methods credit card, GiroPay, Sofortüberweisung and with rendering of invoice.
Each admission ticket is only valid once it has been paid for in full.
Unless otherwise stated, tickets are delivered exclusively as print@home or mobile tickets for orders placed in the webshop. Please take special care with mobile tickets to avoid loss of data. Misuse of the admission authorisation will be punished. Changes and copies (including unauthorised resale or forwarding of mobile tickets) are prohibited. The organiser and/or the venue expressly reserve the right to refuse the owners access to the event in the event of changed or improperly used admission authorisations. Close2Fan GmbH, the organizer or the venue are not responsible for any additional costs or inconveniences caused. Close2Fan GmbH does not assume any liability for data loss in the customer's area (e.g. deletion of the ticket).
The principle of first access applies. The respective ticket, which is accepted first with its unique identification, is the valid one. Subsequent tickets with the same identification are automatically invalidated by the access of the first ticket.
goods, if another handover (e.g. in the evening of the event) is not indicated, will be handed over by us within 14 days after receipt of payment. The choice of transport company shall be made by us to the best of our knowledge and belief but without guarantee of the fastest delivery. Additional costs resulting from the indication of an incorrect delivery address by the customer or from unfounded refusal of acceptance shall be borne by the customer.
V. cancellation / right of withdrawal
Even in case of an order confirmation already issued, Close2Fan GmbH is entitled to cancel an order (unilateral right of withdrawal) if the customer violates a certain condition specified by the organizer, seller or Close2Fan GmbH.
*) Violation of ticket quantity limitation per customer
*) in particular infringements of resale prohibitions
*) Attempt to circumvent by registering with several profiles
*) commercial resale on so-called secondary ticketing platforms (e.g. Viagogo, StubHub, ..)
The declaration / cancellation of the withdrawal can also be made by crediting the collected amounts.
according to §18 Abs.1Z 10 FAGG there is no right of withdrawal for customers when buying tickets for a certain event.
Exceptions to the right of withdrawal
§ 18 (1) The consumer has no right of withdrawal in the case of contracts concluded at a distance or outside business premises concerning
1. services, if the entrepreneur - on the basis of an explicit request of the consumer according to § 10 as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal with complete fulfilment of the contract - had started with the execution of the service before the expiry of the withdrawal period according to § 11 and the service was then completely rendered,
2. goods or services whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period,
3. goods which are manufactured according to customer specifications or are clearly tailored to personal needs,
4. goods which are liable to deteriorate rapidly or whose expiry date would be exceeded rapidly,
5. Goods which are delivered sealed and are not suitable for return for health or hygiene reasons, provided that the seal has been removed after delivery,
6. goods which, due to their nature, have been inseparably mixed with other goods after delivery,
7. alcoholic beverages, the price of which was agreed upon when the contract was concluded, but which cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control,
8. sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery,
9. newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications,
10. services relating to accommodation other than for residential purposes, the transport of goods, the hiring of motor vehicles and the supply of food and drink and services in connection with leisure activities, provided that a specific date or period is laid down in the contract for the performance of the contract by the contractor,
11. the delivery of digital content not stored on a physical data carrier, if the entrepreneur - with the express consent of the consumer, in conjunction with his knowledge of the loss of the right of withdrawal in the event of premature commencement of contract performance, and after provision of a copy or confirmation in accordance with § 5 Para. 2 or § 7 Para. 3 - before the expiry of the withdrawal period under § 11 with the delivery has begun.
(2) Furthermore, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested the contractor to visit him to carry out this work. If, during such a visit, the Contractor provides further services which the Consumer has not expressly requested, or if he supplies goods which are not necessarily required as spare parts for maintenance or repair, the Consumer shall be entitled to withdraw from these additional services or goods.
(3) Finally, the consumer shall have no right of withdrawal in respect of contracts concluded at public auction.
4. right of rescission for goods (right of rescission for event tickets see point 3)
§ 11. (1) The consumer may withdraw from a distance contract or a contract concluded outside business premises within 14 days without giving reasons.
The period for withdrawal begins
1. in the case of service contracts, from the date on which the contract is concluded,
2. in the case of purchase contracts and other contracts for the purchase of goods against payment
(a) on the day on which the consumer or a third party other than a carrier designated by the consumer acquires possession of the goods,
(b) where the consumer has ordered several goods under a single order which are supplied separately, on the day on which the consumer or a third party other than a carrier designated by the consumer acquires possession of the goods last supplied,
(c) where the goods are supplied in several instalments, on the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the last instalment,
(d) in the case of contracts for the regular supply of goods over a fixed period, from the date on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the goods first supplied,
3. in the case of a contract which is concerned with the supply of water, gas or electricity, the supply of district heating or the supply of digital content not stored on a physical data carrier, and which is not offered in a limited volume or in a certain quantity, with the date of conclusion of the contract.
5. exercise of the right of withdrawal
§ 13 The declaration of withdrawal is not bound to any particular form. The consumer may use the sample withdrawal form attached here for this purpose. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the period. He can send it by post to Close2Fan GmbH, Josefstraße 100 / 3, A - 3100 St.Pölten or by e-mail to firstname.lastname@example.org
Sample withdrawal form:
(If you want to cancel the contract, please fill out this form and send it back as described above.)
- Close2Fan GmbH, Josefstraße 100 / 3, A - 3100 St.Pölten, email@example.com
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
6. consequences of withdrawal
§ (1) If the consumer withdraws from the contract in accordance with § 11 para. 1, the entrepreneur shall reimburse all payments made by the consumer, including delivery costs if applicable, without undue delay, but at the latest within 14 days of receipt of the declaration of withdrawal. He shall use the same means of payment for the repayment as the consumer has used for processing his payment; the use of another means of payment shall, however, be permissible if this has been expressly agreed with the consumer and no costs are incurred by the consumer as a result.
(2) If the consumer has expressly opted for a type of delivery other than the cheapest standard delivery offered by the trader, he shall not be entitled to reimbursement of the additional costs incurred as a result.
(3) In the case of purchase contracts and other contracts aimed at the purchase of goods against payment, the entrepreneur can refuse repayment until he either receives the goods back or the consumer has provided him with proof of the return of the goods; this does not apply if the entrepreneur has offered to collect the goods himself.
§ 15 If the consumer withdraws from a purchase contract or another contract for the purchase of goods against payment in accordance with § 11 para. 1, he must return the received goods to the entrepreneur immediately, but at the latest within 14 days of submission of the declaration of withdrawal; this does not apply if the entrepreneur has offered to collect the goods himself. The period of restitution shall be deemed to have been observed if the goods are dispatched within this period.
(2) The direct costs of returning the goods shall be borne by the consumer; this shall not apply if the entrepreneur has agreed to bear these costs or if he has failed to inform the consumer of his obligation to bear the costs.
(3) In the case of contracts concluded outside business premises in which the goods were delivered to the consumer's home at the time the contract was concluded, the entrepreneur shall collect the goods at his own expense if such goods are not usually dispatched by post due to their nature.
(4) The consumer shall pay the trader compensation for a reduction in the market value of the goods only if this loss in value is due to handling of the goods which is not necessary to check their quality, properties and functionality. The consumer shall in no case be liable for a loss in value of the goods if he has not been informed of his right of withdrawal by the entrepreneur in accordance with § 4 Para. 1 No. 8.
(5) Except for the payments specified in this provision and any additional costs pursuant to § 14 para. 2, no other charges may be imposed on the consumer due to his withdrawal.
Cancellation or postponement of an event. Changes
Unless otherwise stated, Close2Fan GmbH is not the organizer and is not liable for cancellations, omissions and reimbursement of the entrance fees by the organizer. It will, however, make every effort to obtain this from the organizer. In case of cancellation only the ticket price will be returned. Services for collected service and shipping fees have already been provided and can therefore not be refunded.
In the event of a cancellation, postponement or change to an event, we will try to inform all customers within a reasonable period of time after we have become aware of these changes. Changes are no reason for price reductions and withdrawal from the contract.
Minor and customary changes to the programme and/or cast shall not be grounds for a refund or reduction of the ticket price. In the event of cancellation, postponement or such changes, no expenses (e.g. travel, hotel, ...) will be reimbursed.
The resale of admission tickets, of personalised admission tickets, of VIP tickets or tickets for which discounts or rebates have been granted and for commercial purposes is prohibited in principle. In the event of such a sale, the ticket loses its validity. We reserve the right to take further legal action. The profit achieved by the forbidden resale can be claimed by Close2Fan GmbH.
limitations of liability, exclusion of withdrawal in case of certain breaches of duty
Close2Fan GmbH is liable according to the product liability law for intentional or grossly negligent damages, for fraudulent concealment of defects, as well as for damages resulting from injury to life, body or health.
in case of violation of essential contractual obligations (so-called cardinal obligations), which are only based on simple negligence, Close2Fan GmbH's liability is limited to the compensation of the foreseeable, contract-typical damage.
except in the cases mentioned in paragraphs 1 and 2 Close2Fan GmbH is not liable for damages caused by simple negligence.
as far as the liability of Close2Fan GmbH is excluded or limited according to the preceding paragraphs, this also applies to the liability of its vicarious agents.
Close2Fan GmbH is only liable for the proper procurement of admission tickets in accordance with the statutory provisions.
1. personal data (name, address, e-mail, telephone numbers, date of birth, clothing size, ...) provided by the customer in the course of the purchase and / or registration will be processed electronically by us for the purpose of contract processing and may be passed on to the respective organizers or sellers within the framework of the legal provisions and restrictions of the Data Protection Act and the DSGVO. Furthermore, by clicking on the corresponding checkbox, the customer agrees that his data may be used for marketing purposes to the extent disclosed. The customer is expressly informed that he can revoke his consent at any time.
The exclusive place of jurisdiction for corporate customers shall be the competent court in St.Pölten.