General Terms and Conditions

• Terms and Conditions for Deliveries and Services Related to the Sale, Purchase and Use of Tickets (“Ticketing Terms and Conditions”)
• Terms and Conditions for Attendees
• Terms and Conditions for the Purchase and Use of Vouchers
• Terms and Conditions of Purchase for Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG
• Terms and Conditions for Competitions
• Terms and Conditions for Prediction Game
• Prediction Game Rules
• Terms of Use for the Adler Mannheim Coupon Centre

Allgemeine Geschäftsbedingungen (deutsch)

Terms and Conditions for Deliveries and Services Related to the Sale, Purchase and Use of Tickets (“Ticketing Terms and Conditions”)

1. Scope of Ticketing Terms and Conditions

1.1 These ticketing terms and conditions apply to all deliveries and services related to the reservation, brokerage and sale of single tickets, season tickets and VIP parking passes (hereinafter referred to collectively as “tickets”) between Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (hereinafter referred to as the “operating company”) and ticket buyers and their legal successors (hereinafter referred to collectively as “ticket buyers”).

1.2 When a ticket is purchased, a contractual relationship for the attendance of the relevant event shall be established exclusively between the ticket buyer / attendee and the respective organiser. If the operating company itself is not indicated as the organiser, the relevant organiser shall instruct the operating company to sell tickets for the event on its behalf and to act on its behalf with regard to other rights and obligations. In such cases, the operating company shall merely broker the ticket sale between the organiser and the ticket buyer. By ordering tickets, the ticket buyer shall instruct the operating company to process the ticket sale, including shipping, and a brokerage contract shall be established between the ticket buyer and the operating company when the order is placed in accordance with Section 2 of these ticketing terms and conditions.

1.3 These ticketing terms and conditions also apply accordingly to the legal relationship arising from the purchase and/or use of tickets for access to stadiums or arenas for away games contested by teams representing Adler Mannheim Eishockey Spielbetriebs GmbH & Co. KG and Rhein-Neckar Löwen GmbH (hereinafter referred to as “away tickets”), insofar as the away tickets are purchased by the operating company. Further regulations or terms and conditions may apply, at the latest, when the stadiums or arenas are accessed for away games, in particular the arena / stadium rules or the terms and conditions of the home club. If these ticketing terms and conditions conflict with the regulations of the home club, these ticketing terms and conditions shall take precedence in the relationship between the ticket buyer and user.

1.4 If the right to travel within the Verkehrsbund Rhein-Neckar (VRN) transport network is included in a ticket, the contract of carriage, which shall merely be brokered by the operating company, shall be established exclusively between the ticket buyer / attendee and the transport company used.

1.5 Each ticket buyer acknowledges that the COVID-19 pandemic may prevent certain events from being held in their usual form due to regulations and/or measures imposed by associations and/or public authorities.

2. Conclusion of Contract / Cancellation

2.1 Each ticket buyer shall be deemed to have made an offer to enter into a contract as soon as they express their wish to purchase tickets at a ticket office or via a call centre or, in the case of online sales, as soon as they click on “Buy now”. The ticket buyer shall be bound by this offer until the end of the third working day following the day on which the offer is submitted.

A contract shall only be established between the ticket buyer and the relevant organiser when the tickets are handed over and, in the case of online sales, when correct payment details are entered and when the offer is accepted by the operating company on behalf of the organiser (e.g. by explicitly confirming the offer or by allocating and sending the transaction number).

2.2 If an order is placed online, receipt shall be automatically confirmed. However, this confirmation shall not mean that an event contract has been established. The operating company shall only accept the offer after checking availability and explicitly accepting, confirming and sending the tickets.

2.3 The operating company shall be entitled to cancel an order that has already been allocated a transaction number (unilateral right of withdrawal) if the ticket buyer culpably violates specific conditions stipulated by the organiser or the operating company that were referred to during the advance booking, or if the ticket buyer attempts to circumvent such conditions (e.g. violation of the restriction on the number of tickets per ticket buyer, violation of the ticketing terms and conditions, in particular prohibitions on resale, attempted circumvention by registering and using multiple user profiles). The operating company may also declare its cancellation / withdrawal implicitly by crediting any amounts paid. The above right of withdrawal is subject to Section 346 et seq. of the German Civil Code (BGB) to the exclusion of Section 350 BGB.

2.4 If certain pieces of evidence and/or declarations (e.g. regarding a person’s state of health, stays in high-risk areas, proof of main residence) are required to access the SAP Arena due to safety and hygiene measures prescribed by associations and/or public authorities or for other compelling reasons, the SAP Arena shall be entitled to request or collect those pieces of evidence and/or declarations as an admission requirement immediately prior to admission, at the latest, to the extent permitted under data protection law. Furthermore, each ticket holder acknowledges that the club shall also be entitled to set up specific admission times for specific ticket holders for compelling reasons (e.g. due to safety and hygiene measures prescribed by associations and/or public authorities and/or to avoid large crowds). In such cases, each ticket holder shall be obliged to comply with the relevant requirements.

2.5 The operating company shall be entitled and, in the event of requirements or measures imposed by associations and/or public authorities, also obliged to only issue tickets for events in a strictly personalised manner. In such cases, the operating company shall be obliged to store the names, addresses and telephone numbers of all ticket users so that chains of infection can be traced. If this data is not provided, tickets cannot be made available. The operating company shall collect the data of all ticket users exclusively for the purpose of tracing infections. The operating company shall store this data for the responsible authorities (usually the health department) for a period of four weeks from the start of the event, preventing third-party access and transmitting the data to the responsible authorities upon request; at the end of this period, the operating company shall securely delete or destroy the data in accordance with the relevant data protection regulations. In addition to the contact details specified above, the operating company shall also collect further data from each ticket buyer (in particular their email address), which it shall use for the purpose of performing the contract and, if necessary, for the purpose of contacting ticket buyers in relation to the event before, during or after the event.

3. Price Components and Terms of Payment

3.1 In addition to the ticket price, the operating company may charge a ticket buyer for shipping costs if any tickets are sent to the ticket buyer and/or a reasonable administration fee (e.g. advance booking fee, system fee).

3.2 The ticket price may be higher than the price printed on the ticket (e.g. due to an additional advance booking fee and shipping costs). The statutory rate of value added tax shall be included in the final price and shown separately. Any concessions shall be granted (depending on the event) according to the current price list.

3.3 The payment of the ticket price and any shipping and administration fees shall be due when the ticket buyer enters into a contract for the purchase of the ticket.

3.4 If any tickets are sent or handed over to a ticket buyer before the relevant ticket price has been paid, the tickets shall remain the property of the operating company or the organiser until the ticket price is paid in full, definitively and without reservation. If the ticket buyer fails to render consideration, the operating company or organiser may refuse to exercise their part of the contract by declaring that the unpaid tickets shall not entitle the holder to attend the event. Notwithstanding the above, the operating company or organiser reserves the right to claim compensation from the ticket buyer. If payment is not made, the operating company may block and cancel the tickets after a reasonable grace period.

4. Shipping and Incorrect Deliveries

4.1 If the operating company sends tickets to a ticket buyer at their request, the shipping costs shall be borne by the ticket buyer. The transport company shall be chosen by the operating company.

4.2 If the ticket buyer is not a “consumer”, as defined in Section 13 BGB, the following applies: The ticket buyer shall be obliged to check whether the tickets match their order immediately upon receipt (or, if the order was placed online, immediately after receiving the order confirmation by email). If a delivery is obviously incorrect, particularly if tickets have been issued incorrectly (e.g. wrong seat category, wrong event), the ticket buyer shall receive a free replacement in exchange for the tickets that have already been sent if the ticket buyer reports the mistake in writing within one week of receiving the tickets. Any mistakes may also be reported by email (ticketing@saparena.de) or fax (+49 621-1819018312).

4.3 Should the purchaser not be classified as a consumer in accordance with Section 13 German Civil Code (BGB), the ticket(s) shall be sent at the purchaser’s risk, unless gross negligence or intent is established on the part of the operating company or its vicarious agents. Should the purchaser be classified as a consumer in accordance with Section 13 German Civil Code (BGB), the risk of accidental loss of the ticket(s) shall pass to the purchaser if the purchaser has commissioned the forwarding agent, carrier or other person or institution designated to perform the shipment independently and without recourse to a recommendation from the operating company. The same shall apply if the purchaser is deemed to be in default of acceptance.

5. Discounted tickets

5.1 Eligibility for a discount: Persons eligible for a discount from 50% are essentially children up to and including twelve (12) years old (“children’s ticket”), young persons between thirteen (13) and seventeen (17) years of age, trainees, persons engaged in federal voluntary service, retired persons, schoolchildren, students, severely disabled persons (“discounted”). Double discounts will not be granted. The date on which the event takes place and for which a ticket is purchased is decisive for the respective entitlement to a discount.

5.2 Concession certificate: A valid official concession certificate must be presented at the time of admission to the arena and at the request of the security staff. Admission to the arena may be refused if the certificate is not presented or is invalid, and the person refused shall have no claim to compensation. Violations may be punished with a ban from the arena and criminal charges may also be initiated.

5.3 Children's tickets: Children's tickets can only be purchased with at least one adult ticket. Children in possession of a children's ticket will only be admitted to the arena if accompanied by an adult of full age who is supervising the child and who has a valid ticket.

5.4 Transfer of tickets and additional charges: The regulations in no. 7 apply to the transfer of discounted tickets to another person, with the extra proviso that ticket holders may only transfer a ticket to another if the new ticket holder also fulfils the respective requirements for a discount, unless the new ticket holder pays an additional charge prior to admission to the arena in the amount of the price difference between the discounted ticket and a ticket with the corresponding date on the respective match day (“additional charge”). A service fee may be charged by the operating company for upgrading a ticket after a ticket holder has attempted to enter the arena based on the price list. If a season ticket holder's entitlement to a discount lapses during the validity period of a season ticket, an upgrade shall be made for the respective match day from the date on which the entitlement to a discount expired. If the entitlement to a discount only enters into force during the validity period of a season ticket contract (e.g. retirement), a discounted season ticket may be purchased at the start of the season; in this case, an upgrade must be made for all events until the actual entry into force of the entitlement to a discount.

6. Rights of Withdrawal, Returns and Refunds

6.1 As the events held in the SAP Arena are leisure services and are provided at a specific time or within a specified period of time, the two-week right of withdrawal for consumers under the provisions on distance contracts does not apply (see Section 312g (2) No. 9 BGB). Therefore, ticket holders shall generally not be entitled to return their tickets. Each ticket order shall become binding and subject to payment when the contract is established.

6.2 If the operating company does not make use of the voucher solution described in Section 5 of Article 240 of the Introductory Act to the German Civil Code (EGBGB), however, the operating company shall accept ticket returns and refund ticket prices paid by ticket buyers if the relevant event is cancelled and/or rescheduled by the organiser. No administration fees or shipping costs shall be refunded. The relevant tickets can be returned to the ticket office where they were purchased; that ticket office shall also be responsible for processing refunds. If the operating company agrees to take back any tickets purchased through its website or call centre, the tickets must be returned by post to the following address: Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG, An der Arena 1, D-68163 Mannheim. In all cases, refunds shall only be made when the original ticket is presented. If an event is cancelled or rescheduled and the organiser does not make the ticket prices paid available to the operating company for the refunds owed to ticket buyers, ticket buyers must contact the organiser regarding refunds as their contractual partner.

6.3 If an event is rescheduled, the relevant tickets shall remain valid for the new event date. If an event is rescheduled, ticket buyers may choose whether to use their tickets to attend the event on the new date or whether to return the tickets in accordance with Section 6.2 above and withdraw from the event contract. This right to choose shall not apply if the relevant event is merely rescheduled at a different starting time on the same day. The provisions of Section 6.2 above apply to the return of tickets and refund of the purchase price.

6.4 No refunds shall be granted for any games that are not attended by a season ticket holder under their respective season ticket contract or for any games for which the club does not qualify due to its sporting performance. The operating company cannot guarantee that fixtures will take place as originally announced. All dates, starting times and postponements can be found in the media. If any matches are postponed or abandoned, this shall not lead to a refund of admission fees or compensation for any further financial damage. If a sporting event is rescheduled, this shall not entitle season ticket holders to return their tickets.

6.5 If a replay occurs as part of a sporting event, the replay shall be regarded as a new event; the ticket for the original event shall not be valid for the replay, and ticket buyers shall not be entitled to a refund or any other compensation.

6.6 If an event has already started and is abandoned after more than a third of the average duration of the type of event in question, the ticket price shall not be refunded.

6.7 The organiser shall be entitled to change aspects of the programme that are not essential for the overall package of the event in question; ticket buyers shall not be entitled to cancel or return their tickets due to such changes.

7. Limited Transferability of Tickets

7.1 To prevent violence and crime among those attending events, to enforce arena bans, to stop tickets from being resold at inflated prices, and to separate the supporters of opposing teams at sporting events, it is in the interest of the operating company, the organiser and attendees to limit the transfer of tickets and season tickets (hereinafter referred to collectively as “tickets”).

7.2 The operating company shall sell tickets to ticket buyers exclusively for their own, non-commercial use. Each ticket buyer shall be prohibited from reselling tickets for commercial purposes. In particular, ticket buyers shall be prohibited from

• 7.2.1 offering tickets for sale in (online) auctions (e.g. eBay);
• 7.2.2 offering or reselling tickets at a higher price than paid; however, a surcharge of up to 15% to compensate for transaction costs is permitted;
• 7.2.3 offering, selling or transferring tickets to commercial resellers and/or ticket dealers;
• 7.2.4 using tickets for commercial purposes – or allowing them to be used for commercial purposes – without the express prior written consent of the operating company, in particular for the purpose of advertising, marketing, as a bonus, as a promotional gift, as a prize or as part of an unauthorised hospitality or travel package;
• 7.2.5 transferring tickets for sporting events to supporters of visiting clubs, whether for a fee or free of charge, if the ticket buyer is aware or should be aware of the fact that the persons concerned are supporters of the visiting club; and
• 7.2.6 transferring tickets for sporting events to persons who are banned from entering the SAP Arena, whether for a fee or free of charge, if the ticket buyer is aware or should be aware of the ban.

7.3. A ticket buyer may transfer a ticket privately for non-commercial reasons, especially if they are ill or otherwise unable to attend the event in question, as long as none of the circumstances constituting an inadmissible transfer apply in accordance with Section 7.2 above.

In such cases, the ticket buyer may only transfer the rights and obligations under the attendance contract (including the personalised right of attendance described in Section 8 below) to a third party if the third party concerned enters into the attendance contract in place of the ticket buyer and assumes all rights and obligations.

The third party may only enter into the attendance contract with the consent of the operating company, which is hereby given in advance under the following conditions:

• (1) The ticket buyer explicitly informs the new ticket holder of the validity and content of these ticketing terms and conditions; (2) the new ticket holder agrees to the validity of these ticketing terms and conditions between the new ticket holder and the operating company. (3) In addition, the first and last name of each new ticket holder must be entered on the ticket if a blank space is provided for this purpose. If a name has already been entered on the ticket when the third party legitimately enters into the attendance contract and the ticket is transferred to the third party in question, the name must be crossed out and the name of the person entering into the contract must be entered in or next to the blank space on the front of the ticket without any text being written over the ticket number or any other identifiers.

If any of the conditions described above are not met, no rights under the attendance contract may be transferred to the third party, in particular the right to attend the event. If a contractual partner of the operating company has legitimately acquired several attendance rights within the scope of an attendance contract and these attendance rights are transferred to several third parties in a permissible manner, each individual person shall enter into a separate attendance contract. If so requested by the operating company, the ticket buyer shall be obliged to provide information about all circumstances that are necessary for verifying compliance with the above provisions on ticket transfers and to provide the name and address of the buyer.

7.4. In the event of one or more culpable violations of the provisions detailed in Sections 7.2 and 7.3 above, 7.7 and taking into account the severity of the violation of which the ticket buyer is accused, the operating company shall be entitled to take one or more of the following measures at its reasonable discretion:

• 7.4.1 In the case of single tickets, the operating company shall be entitled to withdraw from the purchase contract for the single ticket in question and from any other purchase contracts it may have entered into with the ticket buyer for single tickets;
• 7.4.2 In the case of season ticket subscriptions, the operating company shall be entitled to terminate the existing legal relationship with the ticket buyer in part or in whole, and with or without notice;
• 7.4.3 The operating company may block the ticket and deny the ticket buyer admission to the event without compensation;
• 7.4.4 The operating company shall be entitled to demand a contractual penalty of up to € 2,500.00 from any ticket buyers who offer and/or transfer tickets in violation of Sections 7.2 and 7.3; a separate contractual penalty shall be owed for each culpable violation. The contractual penalty shall be determined by the operating company at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. The operating company reserves the right to assert further claims for damages;
• 7.4.5 The operating company shall be entitled to claim any additional proceeds or profits from any ticket buyers who transfer tickets in an inadmissible manner pursuant to Section 7.2.1 and/or 7.2.2;
• 7.4.6 The operating company shall be entitled to report the incident in an appropriate manner, including the name of the ticket buyer, in order to prevent tickets from being used in breach of contract in the future; and
• 7.4.7 The operating company reserves the right to prohibit anyone who violates the prohibitions in Sections 7.2 and 7.3 from purchasing tickets in the future, to ban them from entering the SAP Arena and/or to take further legal action.

8. Right of Attendance, Personalisation of Tickets

8.1 The operating company, as the ticket issuer, does not want to grant access to the SAP Arena to every ticket holder, but only to those who purchase tickets from the club or an authorised ticket office or to those who obtain tickets by means of a permissible transfer pursuant to Section 7.2 above.

8.2 In order to attend an event, each attendee must therefore present a ticket bearing their first and last name on the front. The operating company shall only grant a right of attendance to ticket buyers or ticket holders who have purchased their tickets from the operating company or an authorised ticket office and who can be identified by a name printed on the ticket and/or other (electronic) features on the ticket and/or to secondary buyers who have obtained tickets in a permissible manner in accordance with Section 7.2 above.

8.3 Alternatively, each ticket may contain a blank space for the first and last name of the authorised attendee to be entered by hand. Any third party whose name is not printed on a ticket shall only be granted access if the ticket has been transferred to the third party in accordance with the provisions on ticket transfers stipulated in Section 7.2 and if the third party enters their first and last name in the blank space, if provided. If a first and last name have already been entered on the ticket when the third party legitimately enters into the attendance contract and the ticket is transferred to the third party in question, the names must be crossed out and the first and last name of the person entering into the contract must be entered in the blank space on the front of the ticket without any text being written over the ticket number or any other identifiers. By presenting a ticket at the entrance to the event (in particular by inserting it into a reader or by scanning it), each attendee shall declare that they are entitled to attend the event and that they accept these ticketing terms and conditions and the house rules, which are also displayed at the entrances.

8.4 To prove their identity, each ticket holder must carry a valid form of identification and present it at the request of the operating company and/or security personnel. Any tickets that are offered on sales platforms not authorised by the operating company or that are offered for sale by other third parties shall not confer the right of attendance described in Section 8 above and may result in the legal consequences described in Sections 7.4.4 and 7.4.7 above. In particular, the operating company reserves the right to block any tickets held by anyone who has not acquired a right of attendance or who cannot prove that they have done so, thereby denying them access to the event. The operating company shall fulfil its obligations with regard to the right of attendance conferred to each ticket buyer or ticket holder by granting them one-time access to the event(s) in question. The operating company shall be released from its obligation to perform the contract if a ticket holder has not acquired an effective right of attendance in accordance with this paragraph.

9. Access Authorisation / Refusal of Admission / Arena Ban

9.1 The operating company shall be entitled to refuse admission to any ticket buyers who cannot prove their identity by presenting a valid form of identification (e.g. ID card, child ID) and any ticket buyers who are banned from entering the SAP Arena.

9.2 If a ticket is lost or stolen, the operating company shall not be obliged to reissue the ticket; however, the operating company may reissue the ticket at its own discretion if the order number is provided and the ticket buyer can prove that the original ticket has been lost or stolen. The operating company shall charge an administration fee for reissuing the lost or stolen ticket; the relevant amount shall depend on the expenses incurred. By accepting the reissued ticket, the ticket buyer shall allow the lost or stolen ticket to be blocked. Notwithstanding the above, the operating company reserves the right to claim compensation from the ticket buyer (e.g. in the event of a double booking).

9.3 If any tickets are reported as lost or stolen in a deliberately untruthful manner, potentially resulting in a double booking, the operating company shall file a criminal charge.

9.4 Each ticket buyer shall be obliged to present and hand over the ticket(s) they have purchased for inspection whenever requested by the police, stewards, other authorised security personnel or the SAP Arena team.

9.5 If a ticket buyer has not taken the seat or standing area indicated on their ticket by the start of the event, the operating company may deny the ticket buyer access to the event until the next break or may allocate the ticket buyer another equivalent seat or standing area for the duration of the event.

9.6 Each ticket shall lose its validity at the end of the relevant event.

9.7 If any ticket buyers violate the house rules or these ticketing terms and conditions, the operating company may ask them to leave the venue.

10. Kinder und Jugendliche

In accordance with the provisions of the German Act for the Protection of Minors (JuSchG), the following age restrictions also apply when attending events in the SAP Arena:

10.1 Children under the age of 6 shall not be allowed into certain events (e.g. concerts and martial arts events). Any events that are not suitable for this age group shall be marked on the SAP Arena website with the following text: “Not suitable for children under 6”.

10.2 Children under the age of 7 shall not be allowed into standing areas, unless the event is a sporting competition.

10.3 Children under the age of 14 shall only be allowed to attend events if they are accompanied by a parent or guardian.

10.4 Any adolescents from the age of 14 and under the age of 16 who are not accompanied by a parent or guardian shall only be allowed to enter and stay in the SAP Arena until 11 pm, provided they are in possession of a valid ticket. They shall only be permitted to stay in the SAP Arena after 11 pm if they are accompanied by a parent or guardian.

10.5 Any adolescents from the age of 16 and under the age of 18 who are not accompanied by a parent or guardian shall only be allowed to enter and stay in the SAP Arena until 12 am (midnight), provided they are in possession of a valid ticket. They shall only be permitted to stay in the SAP Arena after 12 am (midnight) if they are accompanied by a parent or guardian.

11. Images and Sound Recordings

Each ticket buyer hereby agrees that the organiser and the operating company shall be entitled to produce images and sound recordings of attendees during events, without being obliged to pay any form of remuneration, and/or to have such images and sound recordings created by third parties, and to reproduce, broadcast and use such images and sound recordings in any audio-visual media and/or to have them reproduced, broadcast and used by third parties. These rights apply for an unlimited period and worldwide.

12. Prohibition of Tape Recorders, Cameras and Video Cameras / Prohibition of Images and Sound Recordings

12.1 At home games of the Adler Mannheim and Rhein-Neckar Löwen, ticket buyers shall be allowed to bring cameras and take photographs. These may only be used for private purposes. Any photographs, films, videos and sound recordings must not be used for commercial purposes without the consent of the operating company.

12.2 In addition to the prohibition stipulated in Section 12.1 above, ticket buyers shall be prohibited from bringing tape recorders and any other devices that are suitable for recording or transmitting sound.

12.3 With the exception of the case described in Section 12.1 above, ticket buyers shall also be prohibited from producing photographs, films, videos and sound recordings and from enabling third parties to produce such recordings.

12.4 Furthermore, ticket buyers shall be prohibited from allowing third parties to follow an event live or in a pre-recorded format using aids.

12.5 The organiser or operating company may allow exceptions to the prohibitions stipulated in Sections 12.1 to 12.4 at their own discretion. However, ticket buyers shall be strictly prohibited from using images and sound recordings for commercial purposes.

13. Scope of Liability / Notification of Defects

13.1 The liability of the operating company and its legal representatives and vicarious agents for any damages resulting from injury to life, limb or health, as well as their liability under the German Product Liability Act (ProdHaftG), their liability for any fraudulently concealed defects and their liability for any guaranteed qualities, shall not be limited by these ticketing terms and conditions. Furthermore, these ticketing terms and conditions shall not limit the operating company’s liability for any damages based on an intentional or grossly negligent breach of duty by the operating company or its legal representatives or vicarious agents. If none of the above cases apply, the operating company’s liability for any damages resulting from the breach of a duty that is of fundamental importance for the achievement of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which ticket buyers may regularly depend (i.e. an essential contractual duty), shall be limited to the foreseeable degree of damage that is typical for the type of contract in question. The operating company shall not be held liable beyond this scope.

13.2 If the operating company's liability for damages is limited in Section 13.1 above, this shall also apply to any liability to be assumed by the operating company's vicarious agents and legal representatives.

13.3 Any claims held by ticket buyers due to obvious defects in an event shall become time-barred if they are not reported to the operating company or the third party involved in accordance with Section 13.2 above within a limitation period of four weeks, as calculated from the end of the event;

this does not apply to any damages resulting from injury to life, limb or health, nor does it apply to any other damages based on the intentional or grossly negligent actions of the operating company or its legal representatives or vicarious agents.

14. Behaviour on the SAP Arena Premises

14.1 Each ticket buyer shall be prohibited from carrying items of any kind on the SAP Arena premises with the intention of offering them for sale or using them for any other commercial purposes. Any items that are carried with this intention or that are actually offered for sale may be confiscated by stewards or other authorised persons and held in safekeeping until the ticket buyer leaves the event.

14.2 Furthermore, ticket buyers shall be prohibited from conducting musical or artistic performances or any other performances or displays aimed at a large number of people on the SAP Arena premises.

14.3 Each time a ticket buyer violates the provisions of Sections 14.1 or 14.2 above, they shall forfeit a contractual penalty of up to € 2,500.00, unless the violation occurs through no fault of their own. The contractual penalty shall be determined by the operating company at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. The operating company reserves the right to assert further claims for damages; the contractual penalty shall then be deducted from any claims for damages.

15. Data Processing / Data Protection

15.1 The operating company shall process the personal data provided by each ticket buyer in accordance with the applicable data protection regulations. Their personal data shall be collected, processed, used and recorded in lists to the extent required to establish, structure or change the contractual relationship. The data collected shall also be used in accordance with the applicable data protection regulations for the operating company’s own advertising purposes or for the purpose of advertising its own products and services by post. Each ticket buyer may object to the use of their data for advertising purposes by declaring this to the operating company in writing, by email or by telephone; the relevant contact details can be found in Section 6.2 above. The data to be provided by each ticket buyer shall include their name, address, telephone number and, if applicable, their email address and credit card details. If ticket buyers provide their credit card details, they shall not be stored in the operating company’s systems and shall not be used for the operating company’s own advertising purposes or third-party advertising purposes.

15.2 The operating company shall be entitled to transfer the personal data provided by ticket buyers to third parties that the operating company has commissioned to perform the contract, provided this is necessary for the fulfilment of the contract. The operating company shall also be entitled to transfer the data provided by ticket buyers to law enforcement authorities in accordance with the applicable legal provisions, in order to ensure the security of the event, to avert any threats to state and public security, and to enable the prosecution of any criminal offences.

16. Contractual Penalties

16.1 If a ticket buyer carries any pyrotechnic objects (e.g. flares) on the SAP Arena premises or within the SAP Arena, or if a ticket buyer ignites such objects or helps to ignite them, the ticket buyer shall owe the operating company a contractual penalty of up to € 2,500.00. The contractual penalty shall be determined by the operating company at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. The operating company reserves the right to assert further claims for damages.

16.2 If a ticket buyer throws any objects (e.g. beer cups or cigarette lighters) at other spectators or onto the playing area in the SAP Arena, the ticket buyer shall owe the operating company a contractual penalty of up to € 2,500.00. The contractual penalty shall be determined by the operating company at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. The operating company reserves the right to assert further claims for damages.

16.3 If any tickets are transferred in an impermissible manner, the contractual penalty arrangements stipulated in Section 7.4.4 above shall apply.

16.4 The operating company reserves the right to assert further claims for damages, claims for injunctive relief and other contractual claims.

17. House Rules

17.1 By entering the SAP Arena, each ticket buyer shall agree to observe the house rules displayed throughout the arena. The house rules for the SAP Arena can also be viewed online: https://saparena.de/arena/hausordnung/. By entering the SAP Arena, each ticket buyer shall acknowledge the house rules and accept them as binding. The house rules apply regardless of the effectiveness of these ticketing terms and conditions.

17.2 Any banners may only be brought into the SAP Arena with the approval of the operating company. All ticket buyers shall be prohibited from carrying any weapons, other objects that could be used as weapons or projectiles, fireworks (pyrotechnic objects), bottles, cans, intoxicants, food, drinks, any objects that could pose a risk due to their flammability (e.g. confetti, scraps of paper and flags with a pole length of over 1.80 m), animals and any racist, xenophobic or right-wing extremist material. Any attendees who are obviously under the influence of alcohol shall forfeit their right to enter the SAP Arena.

18. Additional Provisions for Parking Passes

18.1 All parking passes shall only be valid for the event agreed upon at the time of purchase, as indicated on the parking passes, and shall each be valid for one vehicle. The parking passes shall lose their validity when the pass holder leaves the car park. The car park may be entered no earlier than three hours before the start of the event.

18.2 The operating company shall not be responsible for guarding any parked vehicles or performing any other activities beyond the mere provision of a parking space under the contract concluded between the operating company and ticket buyers for the purchase of parking passes. It should be noted that parked vehicles shall not be insured by the operating company; in particular, they shall not be insured against theft or damage.

18.3 All ticket buyers with a parking pass must remove their vehicles from the car park within three hours after the relevant event has ended. If a vehicle is still on the car park after this period, the operating company shall be entitled to have the vehicle removed from the car park and impounded by a towing company at the expense of the relevant ticket buyer. Notwithstanding the above, the operating company reserves the right to claim compensation from the ticket buyer.

18.4 The operating company may prevent ticket buyers from parking their vehicle on the car park if there is reason to believe that the condition of the vehicle could pose a risk to the operational safety of the car park when entering and parking on the premises. This applies in particular to any vehicles which or whose operation pose a risk of personal injury or property damage that goes beyond the normal operational risk associated with motor vehicles.

18.5 All parked vehicles must be carefully locked and secured according to standard practice.

18.6 The operating company may also have a vehicle removed from the car park and impounded by a towing company at the expense of the ticket buyer if the vehicle poses a risk to the operational safety of the car park due to a leaking tank or carburettor or due to any other defects, if it is not registered, if it poses any other hazard, or if it is taken off the road by the police while parked. Notwithstanding the above, the operating company reserves the right to claim compensation from the ticket buyer.

18.7 The operating company reserves the right to close off parking spaces for technical or organisational reasons. Any ticket buyers affected by such measures shall be allocated another parking space that is equivalent and reasonable.

18.8 The provisions of the German Highway Code (StVO) apply on the SAP Arena premises and access roads. All ticket buyers must exercise due care when entering the car park and when entering and leaving parking spaces; this applies even if stewards deployed by the operating company provide assistance in the form of signals or other directions.

18.9 Each ticket buyer must follow any instructions issued by the stewards deployed by the operating company.

18.10 If a ticket buyer is allocated a specific parking space for a vehicle, as indicated on their parking pass, the ticket buyer shall be obliged to park their vehicle in the designated parking space; however, the provisions of Section 18.9 above must still be observed. If a ticket buyer is not allocated a specific parking space on their parking pass, and if they are not allocated a specific parking space by the stewards on site, the ticket buyer may choose from any of the free parking spaces that have not been marked as reserved for other people. Regardless of whether a ticket buyer is allocated a specific parking space, the ticket buyer shall be obliged to park their vehicle within the markings delimiting a parking space in such a way that other vehicles can enter and leave the adjacent parking spaces without trouble at any time. If a ticket buyer parks their vehicle in breach of the above obligations, the operating company shall be entitled to move the vehicle or to have the vehicle impounded by a towing company at the expense of the ticket buyer. Notwithstanding the above, the operating company reserves the right to claim compensation from the ticket buyer.

18.11 The car park may only be used for the purpose of parking, collecting, loading and unloading vehicles.

18.12 The operating company shall not be liable for any damage caused by persons who are neither legal representatives nor vicarious agents of the operating company (e.g. other ticket buyers, other third parties) or for any damage caused by force majeure. This applies in particular to any damage, destruction or theft of parked vehicles or movable / in-built objects from vehicles (e.g. car radio, car telephone, mobile phone, personal valuables, photographic equipment, satellite navigation systems) or any items attached to vehicles.

18.13 Each ticket buyer shall be liable for any damage they cause (e.g. as a result of any technical defects caused by the vehicle parked by the ticket buyer or a third party instructed by the ticket buyer due to a loss of oil or explosion), unless the ticket buyer is not at fault. In such cases, the operating company shall hold legal claims against the ticket buyer and the vehicle owner in addition to the claims described above.

18.14 Each ticket buyer shall be prohibited from disposing of waste on the car park outside of the waste disposal facilities provided by the operating company. They shall also be prohibited from carrying out any repairs on the car park (except for those carried out by authorised breakdown services) and from washing or cleaning vehicles (except for removing snow). If a ticket buyer breaches these obligations, they shall be held liable in accordance with the statutory provisions.

18.15 If a ticket buyer causes the contamination of any soil or groundwater, they shall be held responsible in accordance with the statutory provisions and must immediately follow any instructions issued by authorities or courts. If any claims are asserted against a ticker buyer (either by an authority or court) due to such contamination, the relevant ticket buyer must indemnify the operating company and also compensate the operating company for any damage incurred as a result of the claim, unless the ticket buyer is not at fault.

18.16 Notwithstanding the above, the ticket buyer in question may have to assume further liability under the statutory provisions.

19. Additions and Amendments

In response to any changes in market conditions and/or the legal situation and/or the case law of the highest court, the operating company shall be entitled to make additions and/or amendments to these ticketing terms and conditions and/or its current price list, even in the case of existing (permanent) obligations, provided this is reasonable for ticket buyers. The relevant additions and amendments shall be announced to ticket buyers in writing (email shall suffice). Any additions and amendments shall be deemed to have been approved by a ticket buyer if they do not raise an objection within four weeks of receiving the additions and/or amendments in writing or by email, provided the operating company explicitly informs the ticket buyer of the consequences of failing to raise an objection within this period. If any ticket buyers wish to raise an objection, they should refer to the contact details specified in Section 6.2 above.

20. Alternative Dispute Resolution under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG)

20.1 Online dispute resolution pursuant to Art. 14 (1) of the Online Dispute Resolution Regulation: The European Commission provides an online dispute resolution (ODR) platform here: http://ec.europa.eu/consumers/odr/.

20.2 The operating company would like to point out that it is neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.

21. Place of Jurisdiction, Applicable Law

21.1 The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

21.2 If the ticket buyer is a trader, a legal person incorporated under public law or an investment fund established under public law, the place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship shall be the court responsible for Mannheim.

22. Final Provisions

If any clauses of these ticketing terms and conditions prove to be wholly or partially ineffective, this shall have no bearing on the effectiveness of the legal relationship between the operating company and the legitimate ticket buyer, nor shall it have any bearing on the effectiveness of the remaining clauses or the remaining parts of such clauses.

Terms and Conditions for Attendees

By purchasing a ticket, each buyer / attendee shall agree to the following terms and conditions of Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (hereinafter referred to as the “operating company”).

1. Scope

1.1 These terms and conditions for attendees apply in the following cases and to the following extent:

• The operator is the organiser of the event. In this case, the terms and conditions for attendees shall apply without restriction.
• The operating company rents the SAP Arena to the organiser. There is only a contractual relationship between the organiser and attendees. In this case, any claims relating to the attendance of the event (e.g. the way in which the event is held, pricing, cancellations) must be asserted against the organiser. These terms and conditions for attendees shall only apply with regard to the attendee’s stay in the SAP Arena, regardless of the event and the event contract.
• The operating company brokers the sale of tickets between the organiser and attendees as part of the advance booking process. These terms and conditions for attendees shall apply to any deliveries and services provided by the operating company as part of the advance booking process.

1.2 The combined ticket (Kombiticket) for the Verkehrsbund Rhein-Neckar (VRN) transport network, as included in the ticket, shall entitle the ticket holder / attendee to travel according to the conditions of carriage stipulated by the VRN. No contractual relationship shall be established with the operating company in this regard. The price of the season ticket / single ticket shall include a pro rata fare, which shall be retained in the name and for the account of the VRN.

2. Conclusion of Contract and Terms of Payment in Ticketing Terms and Conditions

These terms and conditions for attendees do not regulate the conclusion of a contract or the terms of payment involved in the purchase of tickets, regardless of whether tickets are purchased at ticket offices or online. The conclusion of contracts for the purchase of tickets, the relevant terms of payment, the shipping of tickets, complaints handling and questions relating to distance selling are covered by the operating company’s ticketing terms and conditions (Terms and Conditions for Deliveries and Services Related to the Sale, Purchase and Use of Tickets), which apply in addition to these terms and conditions for attendees.

3. Admission to Events

3.1 Those wishing to attend an event held in the SAP Arena shall only be granted admission if they are able to present a valid ticket or another form of authorisation issued by the operating company, the organiser or other authorised persons. While children up to the age of three shall not require a ticket to attend games involving the Adler Mannheim and Rhein-Neckar Löwen, they shall not be entitled to their own seat or standing area.

3.2 Depending on the type of event in question (e.g. concert), any attendees who only arrive after the event has started may only be granted admission to the venue during the next break in the event.

4. Return and Transfer of Tickets

The following only applies when events are organised by the operating company (first bullet point of Section 1.1) and when the sale of tickets is brokered by the operating company (third bullet point of Section 1.1):

4.1 To prevent violence and crime among those attending events in the SAP Arena, to enforce stadium bans, to stop tickets from being resold at inflated prices, and to separate the supporters of opposing sports teams, it is in the interest of the operating company, the participating sports teams and the security of the SAP Arena to limit the transfer of tickets. Those who purchase tickets may only transfer them to family members or persons known to them who have not previously been involved in violent conflicts at sporting events. Furthermore, tickets must not be resold for more than the price printed on the ticket. In particular, ticket holders shall not be permitted to offer tickets for sale on online auctions or via the press, radio or other media with the aim of generating a higher price. Each ticket buyer agrees to purchase and use tickets exclusively for private purposes. No ticket buyer shall be permitted to purchase tickets for commercial resale (i.e. for the purpose of making a profit) without the prior consent of the SAP Arena. If the SAP Arena discovers that a ticket buyer has purchased and/or resold tickets for commercial purposes and/or assigned claims commercially (in particular via eBay or to ticket agencies) without its consent, the SAP Arena may refuse to sell tickets to the ticket buyer in the future in addition to banning the ticket buyer from the premises and demanding a reasonable contractual penalty of up to € 2,500.00 from the ticket buyer for each violation of the prohibition stipulated in this paragraph. In such cases, the SAP Arena reserves the right to report the incident in an appropriate manner, including the name of the ticket buyer, in order to prevent tickets from being used in breach of contract in the future; the SAP Arena also reserves the right to assert further civil and criminal claims.

4.2 All tickets shall be non-refundable. Therefore, ticket holders shall generally not be entitled to return any tickets they have purchased. If an event is rescheduled, the relevant tickets shall remain valid for the new event date. If an event is rescheduled, however, ticket buyers may choose whether to use their tickets to attend the event on the new date or whether to return their tickets and withdraw from the event contract. This right to choose shall not apply if the relevant event is merely rescheduled at a different starting time on the same day. Those who have tickets for a rescheduled event may only withdraw from the contract up to ten days before the new date; this must be done at the ticket office where the tickets were purchased.

4.3 The operating company shall accept ticket returns if an event has to be cancelled without being rescheduled. In such cases, the relevant tickets may be returned to the ticket office where they were purchased up to four weeks after the event date; that ticket office shall also be responsible for processing refunds.

4.4 Any returned tickets shall be refunded at their face value. No further claims (e.g. travel costs, advance booking or shipping fees) may be asserted against the operating company.

4.5 As a result of measures imposed by associations and/or public authorities during the COVID-19 pandemic (e.g. due to an increase in the number of infections), the number of spectators initially approved for events may be reduced after tickets have gone on sale or after ticket buyers have entered into contracts for the purchase of tickets. If the approved number of spectators is subsequently reduced, the operating company shall be entitled to withdraw from contracts for the purchase of tickets for the event in question (partial withdrawal). The operating company shall be entitled to block and/or cancel tickets. In such cases, ticket buyers shall be reimbursed for the ticket price paid for the event in question.

5. Conduct of Events

5.1 The organiser reserves the right to make changes to the programme and line-up. In such cases, ticket buyers shall only be entitled to a ticket refund if the change is not insignificant or unreasonable for attendees, taking into account their legitimate interests.

5.2 Any attendees who do not park their vehicles on the SAP Arena car park after properly entering into a contract to use the facilities, which are subject to the operating company’s car park regulations, may park their vehicles elsewhere at their own risk.

6. House Rules and Car Park Regulations

6.1 The operating company shall provide all deliveries and services only on the condition that attendees observe its house rules and other regulations that generally apply to all persons attending events in the SAP Arena. The house rules, car park regulations and other documents can be viewed on the SAP Arena website (www.saparena.de).

6.2 Anyone who attends an event in the SAP Arena shall expressly acknowledge that they are there at their own risk and that the operating company cannot be held responsible for any risks, hazards or damage caused by third parties, unless it can be accused of a breach of a contractual duty or a breach of its duty to ensure public safety.

6.3 Anyone who attends an event in the SAP Arena shall be prohibited from engaging in any commercial activities on the premises, in particular from offering goods for sale. Any such goods may be removed or temporarily confiscated by the stewards on site. The provision of services shall also be prohibited without the consent of the operating company.

7. Warranty

7.1 The operating company shall only be liable for the content, execution, flow and quality of any events it organises itself. All other events (third-party events) shall be the responsibility of the respective organiser (e.g. the party renting the SAP Arena, the ticket seller). In the case of third-party events, the operating company shall assume no liability for the correctness of any information provided by the organiser.

7.2 Any claims for defects against the operating company shall only be permissible if the usability of the deliveries and services provided by the operating company is not only insignificantly restricted. The operating company shall assume no guarantee with regard to incipient defects in rented property.

8. Liability of the Operating Company

8.1 The operating company’s liability to pay damages and compensation for expenses, regardless of the legal reason (contract, tort), shall be limited as follows:

• In the case of intent and in cases where the operating company has expressly assumed a contractual guarantee or procurement risk in writing, the operating company shall be fully liable;
• in the case of gross negligence, the operating company shall be liable for the typical and foreseeable degree of damage that is to be prevented by the breached duty;
• in any other cases, the operating company shall only be liable if it breaches an essential contractual duty and this jeopardises the purpose of the contract, if it defaults on an obligation, or if claims are asserted due to liability for defects / under a warranty, but limited to compensation for the typical and foreseeable degree of damage.

8.2 The above provisions shall be without prejudice to the operating company’s legal liability for personal injury and its liability under the German Product Liability Act (ProdHaftG). The operating company shall be free to raise an objection on the grounds of contributory negligence.

8.3 The operating company shall not be responsible for any disruptions or damage caused by force majeure, in particular natural phenomena.

9. Exclusion from Admission to the SAP Arena

9.1 The operating company expressly reserves the right to refuse admission for compelling reasons in return for a refund of the purchase price paid for the ticket.

9.2 Children and adolescents under the age of 16 shall only be granted admission when accompanied by a parent or guardian.

9.3 All attendees shall be strictly prohibited from entering the stage and crossing barriers; anyone who does so shall be removed from the event.

9.4 If any attendees breach these terms and conditions, the respective organiser or the person or entity authorised to administer the venue reserves the right to remove the offending attendees or to generally ban them from the premises. The same applies to any significant violations of the house rules.

10. Data Protection

10.1 The operating company shall process the personal data of attendees in accordance with the relevant data protection regulations. Their personal data (in particular name, address, telephone number, email address, bank details and credit card details) shall be collected, processed and used by the operating company to the extent required to establish, structure or change the contractual relationship. The operating company shall be entitled to transfer the data to third parties commissioned to perform the contract, provided this is necessary for the fulfilment of the attendance contract.

10.2 As long as attendees do not explicitly raise an objection, the operating company shall be entitled to collect, process and use their personal data for customer service purposes and – in an anonymous form – for advertising, for market research, for its own purposes and for the purpose of tailoring its products and services to customers’ needs. Each attendee may withdraw their consent at any time without having to state their reasons for doing so.

11. Images and Sound Recordings

Each attendee hereby acknowledges and agrees that image and sound recordings may be produced by the operating company and the organiser at any time and that copies of those recordings may be distributed without restrictions in terms of time and space. Each attendee shall also allow the image and sound recordings to be broadcast and presented to the public by broadcasters, via the Internet or by other means.

12. Other Provisions

12.1 Mannheim shall be the sole place of performance for deliveries, services and payments. If an attendee is a registered trader or is based or domiciled abroad, Mannheim shall be the place of jurisdiction for any disputes. However, the operating company reserves the right to appeal to any other court that has jurisdiction under national or international law relating to civil procedure.

12.2 If a customer is not a consumer, the law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Terms and Conditions for the Purchase and Use of Vouchers

1. Vouchers may be used to purchase merchandise in the fan shops located at the SAP Arena (An der Arena 1, D-68163 Mannheim), which are operated by Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (hereinafter referred to as the “operating company”), in the online Adler Mannheim shop run by the operating company and at WHISTLE Fanwear & Tickets (Q6 14, D-68161 Mannheim), and to purchase tickets in the SAP Arena’s online ticket shop, at the ticket office located at the SAP Arena (An der Arena 1, D-68163 Mannheim) and at WHISTLE Fanwear & Tickets (Q6 14, D-68161 Mannheim). However, they cannot be used to purchase other vouchers. Once we have received an order, vouchers can no longer be redeemed or subsequently deducted from the purchase price.

2. A voucher may be issued in physical form, as a print-at-home voucher or as a mobile voucher for iOS / Android Wallet. The balance of a voucher shall be denominated in euros and shall not earn any interest. No vouchers may be redeemed for cash, topped up, exchanged for an item of equivalent value or offset.

3. No vouchers may be combined with other vouchers, discounts or sales promotions. Only one voucher may be used per order. If the balance remaining on a voucher is not sufficient for the order, the difference may be settled with the payment methods offered. A voucher may be redeemed in part; the residual value shall then remain on the voucher.

4. Each voucher shall be transferable and shall remain valid for three years from the date of issue. Vouchers must not be duplicated, edited or manipulated. If a voucher is lost, stolen or illegible, or if there are any spelling mistakes in the email address provided for a voucher recipient, we shall assume no liability and shall not be able to replace the voucher. All vouchers shall be non-refundable.

Terms and Conditions of Purchase for Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG

1. Contractual Basis

1.1 These terms and conditions of purchase apply exclusively to any deliveries and services we may order, including any services involving work performed on objects that are not procured by our suppliers themselves. Any additions and amendments to these terms and conditions of purchase must be confirmed in writing by our management to be effective. Any deviating terms and conditions of our suppliers or contractors (hereinafter referred to collectively as our “suppliers”) shall not form part of the relevant contract, even if we do not object to them or perform the contract. Our terms and conditions of purchase shall apply even if we accept services from our suppliers without reservation despite being aware of any conflicting or deviating terms and conditions.

1.2 Our terms and conditions of purchase shall also apply to any future transactions with our suppliers in the version valid at the time we enter into the relevant contract.

1.3 These terms and conditions of purchase shall only apply if the supplier is a merchant or a person with equivalent legal status.

2. Offer

Our suppliers shall be obliged to accept our order within 10 working days by returning a duly signed duplicate of the purchase order or by providing the services in question.

3. Prices

3.1 The price indicated in our purchase order shall be binding. If a purchase order is issued without information on prices, the prices charged for the most recent delivery shall be agreed.

3.2 Unless explicitly agreed otherwise, the agreed price shall include transport, packaging, installation, disposal of transport packaging and assembly. These terms and conditions of purchase apply accordingly to such ancillary services. EUR-pallets shall be returned by means of an exchange. Otherwise, the return of packaging shall be subject to a separate agreement.

3.3 The applicable rate of value added tax must be shown separately.

4. Shipping

4.1 The transportation risk and the risk of deterioration and accidental loss shall be borne by our suppliers until the relevant delivery or service has been handed over to us or to the recipient specified by us. This shall apply even if we bear the freight costs in exceptional cases. If a formal acceptance procedure is required for any services, the risk shall only be transferred to us when the services are accepted.

4.2 Unless otherwise agreed in writing, all deliveries must be made free of charge to our premises or the relevant place of use.

4.3 Any partial deliveries and services shall only be permitted with our consent. We shall not unreasonably withhold our consent if a partial delivery or service does not conflict with our interests. Any additional costs incurred as a result of a partial delivery or service (e.g. shipping, assembly) shall be borne by the supplier in question, unless they can prove that they are not responsible for the additional costs.

4.4 The deliveries and services to be provided by our suppliers shall include the documentation of the delivered items. Our suppliers must observe any specific instructions we may issue in this regard.

5. Insurance

If a delivery is made free of charge to our premises or the relevant place of use, the supplier in question shall be obliged to take out adequate transport insurance (door-to-door cover) at their own expense.

6. Delivery

6.1 The shipping address and shipping note indicated in our purchase order shall be binding. Any costs incurred as a result of incorrect planning shall be borne by the relevant supplier. All shipments must be accompanied by the specific shipping documents (e.g. dispatch note, delivery notes, bills of lading). Each of these documents must contain our order details. This includes our order number, the exact name of the delivered items and the packaging used. If a supplier fails to observe the above requirements, we shall not be responsible for any delays caused as a result.

6.2 Unless explicitly stated otherwise, our delivery address shall be our venue address: Xaver-Fuhr-Straße 150, D-68163 Mannheim.

7. Delivery Time

7.1 The delivery time stated in the purchase order shall be binding. Any imminent and actual delivery delays must be reported to us in writing as soon as they become apparent.

7.2 If a delivery is delayed, we shall be entitled to charge default interest amounting to 0.5% of the delivery value per week or part thereof, but no more than 5% of the delivery value in total. We shall be entitled to claim this contractual penalty in addition to the performance of the agreed contractual obligations within 10 working days of the delivery of the delayed goods / services. We reserve the right to assert further statutory claims. The supplier in question shall be entitled to prove that we have incurred no damage or less damage as a result of the delay.

7.3 If we are affected by any operational disruptions or force majeure, regardless of the nature and cause of such events, we shall be entitled to postpone the relevant acceptance deadlines until necessary – without our suppliers being entitled to claim damages – unless the operational disruption in question is caused by our intentional or grossly negligent actions. Any third-party organisers and persons who rent the SAP Arena shall not be regarded as our vicarious agents.

8. Terms of Payment, Restriction on Assignment of Claims

8.1 All invoices must be sent to us as a single copy. The order details specified in our purchase order must be reflected in the relevant invoice. We shall not be able to process any invoices that do not contain this information.

8.2 Any claims held against us may only be assigned to third parties with our express written consent.

8.3 If a delivery is made before the agreed delivery date, the payment term shall only start to run from the agreed delivery date.

8.4 We shall be entitled to offset and withhold claims to the extent permitted by law.

8.5 We shall make any advance payments that are previously agreed in writing. Our advance payments shall always be subject to reservation; if we make an advance payment, this should not be construed as a declaration to confirm that the relevant service has been provided in accordance with the contract.

9. Property Rights

9.1 Our suppliers shall be responsible for ensuring that no industrial property rights of third parties (in particular copyrights, trademark rights, etc.) are infringed within the Federal Republic of Germany in connection with their deliveries.

9.2 If a third party asserts any claims against us due to an infringement of such rights, the offending supplier shall be obliged to release us from any liability towards the third party upon first written request.

9.3 Any copyrights that can be granted to us in relation to the results of the services provided by our suppliers and their subcontractors shall be granted to us exclusively, without restrictions in terms of time and space.

9.4 Without prejudice to the full granting of rights in accordance with Section 9 (3) above, we shall be entitled to publish, reproduce, change and use the services provided by our suppliers (e.g. plans, images, graphics).

9.5 Our suppliers may only use the SAP Arena logo and the “SAP Arena” word and figurative mark ( ) with our prior written consent. Our suppliers shall be prohibited from changing the SAP Arena logo in whole or in part. We shall provide guidelines for correct use upon request.

10. Retention of Title

If we provide any parts, we shall retain ownership of them. Any processing or remodelling carried out by our suppliers shall be performed for us. If any parts are processed or mixed with other items, we shall acquire ownership of the new item in the ratio of the value of our item to the value of the other processed items at the time of processing.

11. Samples and Means of Production

11.1 Any costs incurred by our suppliers for the manufacture of samples and means of production (e.g. tools, moulds, templates, CAD plans, raw photographic / video data) shall be invoiced separately from the goods to be delivered. This also applies to any samples and means of production that have to be replaced as a result of wear and tear attributable to the order.

11.2 We shall retain ownership of any samples and means of production that we provide ourselves. We shall acquire ownership of any samples and means of production pursuant to Section 1above as soon as the indicated fee has been paid; if no separate fee is indicated, we shall acquire ownership as soon as the samples and means of production have been manufactured.

11.3 Any costs incurred for the maintenance and proper storage of means of production – and the risk of damage or destruction – shall be borne by our suppliers.

11.4 If the contractual relationship with a supplier is terminated, or if the relevant deliveries and services are discontinued, the supplier in question shall return any samples and means of production to us immediately upon request. Otherwise, the supplier shall store the samples and means of production for us free of charge for a period of three years after the final delivery. After this period, the supplier shall send us a written request for us to indicate what is to be done with the samples and means of production; we shall have six weeks to respond to the request. The supplier shall no longer be obliged to store the samples and means of production if we do not respond within those six weeks or if we do not place a new order.

11.5 Our suppliers shall store any samples and means of production separately from their other samples and means of production and shall mark them as the “Property of the SAP Arena”. If any samples and means of production are accessed by third parties, the supplier in question shall inform the third parties that we are the rightful owner and shall immediately notify us in writing. Any costs and damages shall be borne by the supplier.

11.6 Any samples and means of production that are manufactured for our orders or provided by us must not be used for deliveries to third parties, unless we give our prior written consent.

12. Obligation to Report Defects, Material Defects and Defects in Title, Compensation for Damages

12.1 We shall be obliged to inspect each delivery and service within a reasonable period of time after it has been made or declared ready for operation and to check for any defects or deviations from our order. An inspection shall be considered timely if it is conducted within a period of 4 working days from the relevant delivery or, in the case of hidden defects, from the point of their discovery. We shall notify our suppliers of any defects by sending them a notice of defects within one further working day.

12.2 Our suppliers shall guarantee that their goods and services comply with the current technical standards and all relevant regulations. Our suppliers shall be personally responsible for establishing which regulations are to be observed in each case.

12.3 We shall be authorised to rectify a defect ourselves at the expense of the supplier in question – and without setting a deadline beforehand – if the situation is particularly urgent or poses an imminent danger. Otherwise, the statutory provisions apply to material defects, defects in title and compensation for damages.

12.4 Our claims for defects shall expire 36 months after the transfer of risk.

12.5 If any claims are asserted against us due to a defect in a delivery or service sold by a supplier within the scope of producer liability or under the German Product Liability Act (ProdHaftG), the supplier in question shall release us from the producer liability resulting from the defect, provided that the cause lies within the supplier’s sphere of control and the supplier is personally liable. In such cases, the supplier shall also be obliged to fully reimburse us for any expenses incurred as a result of the claim.

13. Subcontractors

If our order involves work to be performed on objects that are not procured by our suppliers themselves, our suppliers shall not be permitted to hire subcontractors without our express consent. We must give our consent in writing.

14. Compliance with Health and Safety Regulations

14.1 Our suppliers shall be solely responsible for complying with the applicable laws and regulations of professional associations and other organisations and authorities, as well as our house rules and general health and safety regulations, as amended, especially if work is to be performed in our company.

14.2 Any employees and other vicarious agents of our suppliers who must enter our premises to perform services (e.g. technicians, drivers) shall be subject to our company regulations.

15. Data Protection

In accordance with Section 33 of the Federal Data Protection Act (BDSG), our suppliers are hereby informed that we shall collect, store and process their data and transfer it to third parties to the extent necessary to perform the contract and in accordance with the data protection regulations.

16. Taxes and Duties

Our suppliers shall inform us in writing immediately before the services are provided if they or any of the persons they deploy belong to the group of persons to be insured under the German Artists Social Security Act (KSVG). If a supplier culpably fails to notify us or is late in doing so, the supplier must compensate us for any damages incurred as a result.

17. Final Provisions

17.1 Mannheim shall be the place of performance for our payments and the place of jurisdiction. However, we shall also be entitled to take legal action against our suppliers at their place of residence or place of business.

17.2 These terms and conditions of purchase are subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), as amended.

Terms and Conditions for Competitions

The following terms and conditions are published on the SAP Arena website (www.saparena.de) and apply to all competitions held on the SAP Arena website, in the SAP Arena newsletter, on the SAP Arena Facebook page, in the SAP Arena event flyer, in the SAP Arena magazine and any other competitions organised by the company responsible for operating the SAP Arena (hereinafter referred to as the “operating company”).

1. Scope of Application

1.1 These terms and conditions shall apply to anyone who participates in competitions organised by Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (An der Arena 1, D-68163 Mannheim). By entering a competition, participants shall agree to these terms and conditions. These terms and conditions shall therefore form the contractual basis for the competition contract that is implicitly or explicitly established between the parties.

1.2 Participation in competitions shall be free of charge.

2. Eligibility

2.1 Each participant may only participate once in a specific competition or prize draw. All participants must be of legal age and must have a valid postal address and a permanent place of residence in Germany.

2.2 Any vicarious agents, employees, dealers and partners of the SAP Arena, and anyone involved in the creation and execution of a competition, shall not be permitted to participate in the competition, nor shall the family members of the persons listed here.

2.3 All participants shall be prohibited from entering a competition via competition services of any kind.

3. General Provisions

3.1 Each participant agrees to refrain from posting any illegal content during a competition.

3.2 All participants shall allow their name and the photographs or images they submit to be published free of charge on the SAP Arena website, on the SAP Arena Facebook and Instagram pages, on the WHISTLE_Fanwear_Tickets Facebook and Instagram pages or in any other media for an unlimited period of time. The same applies to any images of participants that may be produced by the operating company or on its behalf as part of a competition or other events held in the SAP Arena.

3.3 All competition prizes shall be non-transferable. The value of the relevant prize shall not be paid out in cash. SAP Arena may, at its sole discretion, substitute the advertised prize for a prize of equal or greater value.

3.4 Each prize-winner shall be solely responsible for paying any taxes incurred as a result of accepting a prize.

3.5 Any prizes that are not accepted within 7 days or that are rejected shall be forfeited and shall not be re-awarded.

3.6 All participants shall be prohibited from using any competition clubs, submitting automated entries via competition robots, making intentionally incorrect purchases and submitting entries using “disposable email addresses”; anyone who does so shall not be allowed to participate in the competition.

4. Deadline for Participation

The specific deadlines and expiry dates shall be indicated in the relevant competition or prize draw.

5. Determination and Notification of Prize-Winners

5.1 If no specific information is provided as to how the prize-winners are to be determined for a certain competition, the prize-winners shall be determined by means of a prize draw involving everyone who has entered the competition.

5.2 The relevant participants shall be notified of their win in writing or by email.

5.3 The relevant participants shall allow their real name and Facebook name to be published on the SAP Arena Facebook page.

6. Eligibility

6.1 If a prize cannot be delivered, the SAP Arena reserves the right to determine a new prize-winner.

6.2 If the contact details provided by a participant (e.g. postal address or email address) are incorrect, or if the participant cannot be reached using those contact details, the SAP Arena shall not be obliged to determine the correct address. Any disadvantages resulting from the provision of incorrect contact details shall be borne by the participant in question.

7. Liability

7.1 The SAP Arena shall be liable in accordance with the statutory provisions, unless otherwise specified below.

7.2 The SAP Arena shall be liable without limitation for any damages resulting from injury to life, limb or health.

7.3 The SAP Arena shall be liable for any damages based on a slightly negligent breach of its essential contractual duties, but limited to compensation for the foreseeable degree of damage.

7.4 The SAP Arena shall only be liable beyond this in the case of gross negligence or intent.

7.5 The SAP Arena shall not be liable for any incorrect information that may be published in connection with a competition.

7.6 The SAP Arena shall assume no guarantee for the permanent availability or accessibility of the SAP Arena website, which shall be used for competitions. The SAP Arena shall therefore not be responsible for any disruptions in this regard.

8. Premature Termination of a Competition

The SAP Arena reserves the right to suspend or terminate a competition or prize draw for compelling reasons at any time without prior notice. This shall be the case in particular if there are reasons to believe that a competition or prize draw cannot run as planned. If a competition is suspended or terminated due to the behaviour of one or more participants, the SAP Arena shall be entitled to claim compensation from the relevant participants for any damages incurred as a result.

9. Data Protection Notice

Any information that participants provide to the SAP Arena shall be used exclusively for the purpose of holding the competition in question. All participants shall allow the SAP Arena to store their personal data electronically and to process and use their personal data in accordance with the data protection regulations. Any consent given in this respect may be withdrawn in writing by participants at any time.

10. Final Provisions

10.1 If any provision of these terms and conditions proves to be invalid, this shall have no bearing on the validity of the remaining terms and conditions. In such cases, the invalid provision shall be replaced by an appropriate and economically reasonable clause that best reflects the purpose of the ineffective provision.

10.2 All competitions shall be subject to German law.

10.3 Participants shall have no right to take legal action.

Terms and Conditions for Prediction Game

1. This prediction game is organised by Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (hereinafter referred to as the “operating company”).

2. This prediction game may be entered free of charge, regardless of whether participants purchase goods or services. By participating in the prediction game, participants shall accept these terms and conditions.

3. All natural persons aged 14 or over residing in Germany shall be eligible to participate. Any employees of the operating company and their relatives, and any other persons involved in the creation and execution of this prediction game, shall not be permitted to participate. The respective participant shall be the person who owns the email address provided when registering for the prediction game. Each participant shall only be able to participate once. Anyone who participates in the prediction game more than once or breaks the rules in any other way shall be disqualified.

4. Only the prizes detailed in the prediction game shall be awarded. The relevant prizes shall only be awarded to participants who personally fill out all fields required to participate in the prediction game completely, comprehensibly and correctly. The prediction game shall start with the first match-day of the respective DEL season and shall end with the final game of the Adler Mannheim in that season.

5. All prize-winners shall be notified promptly by email or push notification using the additional information provided during registration. Each participant shall be personally responsible for the correctness of this information, in particular their email address and/or postal address. The electronically logged receipt of the email shall be used to check whether the deadline for entries has been met. Each participant must also enable push notifications in their settings.

6. The formalities for handing over the main prize shall be arranged personally with the relevant prize-winners.

7. No prizes may be exchanged or paid out in cash. All prizes shall be non-transferable. The organiser shall be entitled to change the competition prizes if this is necessary due to factors beyond the control of the companies involved in the prediction game.

8. The decisions of Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG shall be final. Any enquiries in this regard shall not be answered. Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG reserves the right to suspend or permanently discontinue the prediction game if any circumstances arise that may jeopardise the feasibility or integrity of the prediction game.

9. Any liability for damages of Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG and its corporate bodies, employees and vicarious agents arising from or in connection with the prediction game, for whatever legal reason, shall be limited to cases of intent or gross negligence to the extent permitted by law.

10. SAP Arena Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG reserves the right to change these terms and conditions at any time, even without prior notice, if this appears necessary for objective reasons and participants in the prediction game are not subsequently disadvantaged in a manner contrary to the principles of good faith.

11. Participants shall have no right to take legal action.

Prediction Game Rules

Who can participate in the prediction game?

Anyone who uses the Coupon Centre may participate in the prediction game. However, each participant may only register for the prediction game with one account; otherwise, they may be disqualified.

What types of questions are there?

There are season questions and match-day questions. Each type of question can be defined as follows:

Season questions: These are the questions asked during registration. You will answer these questions once before the start of each season. You can change your predictions up to 5 minutes before the first match-day; you will not be able to change them after that.

Match-day questions: These are the questions asked on each match-day. You will answer these questions before each match-day. You can change your predictions up to 5 minutes before the relevant match-day; you will not be able to change them after that.

How are points awarded?

Depending on the type of question (season question or match-day question), points are awarded as follows:

1. Who will be the top scorer for the Adler (before the play-offs)?
   (Answer: player xy) 10 points
2. What team will win the DEL?
   (Answer: team xy) 10 points
3. Where will the Adler finish in the league table (before the play-offs)?
   (Answer: xy place) 10 points

There are also match-day questions that have to be answered on each match-day:

1. What will be the final score?
   Answers / points:
   Correct score: 4 points
   Correct goal difference: 3 points
   Correct winner: 2 points
2. When will the first goal be scored?
   Answers / points:
   1. First period: 1 point
   2. Second period: 2 points
   3. Third period: 3 points
   Overtime: 4 points
   Shootout: 8 points
3. Which player will score the first goal for the Adler?
   Answers / points:
   Forward: 2 points
   Defenceman: 4 points
   Goaltender: 10 points
   No-one: 5 points
4. Which team will get the most penalties?
   Answers / points:
   Adler: 1 point
   Opponent: 1 point
   Both teams equal: 2 points

Who wins?

There will be a match-day winner at the end of each match-day. This will be the player who has scored the most points for that match-day through their predictions. If several players have the same number of points and there is more than one winner, each of those players will be declared the winner.

There will also be a season winner at the end of each season. This will be the person who has the most (prediction game) points on their account at the end of the season. You do not have to make predictions every match-day to be the season winner; all that matters is that you have the most points at the end of the season. If several players finish the season on the same number of points, the winner will be selected randomly.

What data is used to decide which predictions are correct?

The statistics provided by the DEL will be used to determine the correct answers for each match-day. These statistics may be subject to errors.

When can you make predictions?

You can always make predictions 3 match-days in advance. You can change your predictions up to 5 minutes before the start of the relevant match-day.

Will my prediction game points count towards my Coupon Centre points?

No. Any points you earn in the Coupon Centre will not count towards your prediction game points.

What can you win?

There will be a prize for the player with the most points on each match-day and at the end of the season.

Season winner: The player with the most points at the end of the season will win a season ticket (tier 5 - tier 2) for the next season.

Who can I contact if I have any problems?

If you have any issues, please contact adler-fanapp@saparena.de. The staff there will get back to you as soon as possible to offer assistance.

Terms of Use for the Adler Mannheim Coupon Centre

Purpose of the Adler Mannheim Coupon Centre:

The Coupon Centre is an incentive scheme used to reward users of the Adler Mannheim Fan App for their loyalty. By collecting points via the Coupon Centre in the Adler Mannheim Fan App, users can earn various discount coupons for selected food, drinks, goods, tickets and non-purchasable special offers from the following providers:

• Food affairs GmbH in the SAP Arena
• Whistle Sportsbar GmbH
• Whistle – Fanwear & Tickets
• SAP Arena, Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG

By using the Coupon Centre, each user shall explicitly agree to the following terms of use:

1. Scope and Operating Company

These terms of use apply to all registered users (hereinafter referred to simply as “users”) who use the Coupon Centre in the Adler Mannheim Fan App, which is operated by Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (hereinafter referred to as the “operating company”) on behalf of Adler Mannheim Eishockey Spielbetriebs GmbH & Co. KG.

2. Registration

2.1 In order to gain access to the Coupon Centre, users must register in the Adler Mannheim Fan App.

2.2 Each user shall be prohibited from registering multiple times under different names.

2.3 The Coupon Centre may be used by any natural person aged 16 or over whose place of residence is located in the Federal Republic of Germany. Each user must provide truthful information when registering. If any of the information provided during registration has to be changed, the relevant user must update their user profile accordingly.

2.4 The Coupon Centre may be used free of charge.

3. Earning Points

3.1 Each user may only earn points through channels authorised for the Coupon Centre. The current options are listed in Section 3.2 to 3.4 below. It shall be up to the operating company to determine which of the services used are eligible for points and how many points are to be credited to the user’s account.

3.2 Each user may earn points by purchasing Adler Mannheim products in the fan shops located at the SAP Arena or in the Whistle – Fanwear & Tickets fan shop. Each user may also earn points from the following providers:

• Food affairs GmbH in the SAP Arena
• Whistle Sportsbar GmbH

For this purpose, users must present their Fan ID in the Coupon Centre via the Adler Mannheim Fan App before paying for their products at the checkout. No points may be credited retrospectively. No points shall be awarded for purchases in the online shop.

3.3 Each user may also earn points by purchasing tickets for Adler Mannheim home games in the SAP Arena. This only applies to tickets that are purchased at an SAP Arena ticket office or an official ticket office licensed by the SAP Arena. No points shall be awarded in the Coupon Centre for any tickets that are purchased via CTS or other third parties. Once the game has started, eligible ticket holders may credit the points to their account themselves by scanning the bar code or by manually entering the ticket number shown on the ticket in the Adler Mannheim Fan App. Each user may only earn points for one ticket per game. Each user may earn a maximum of 900 points for tickets per season. Any users holding a season ticket shall earn 1,000 points per season. In order for users to credit points for a season ticket to their account, they must manually enter the season ticket details in the Coupon Centre.

3.4 In addition, users shall automatically earn points for each of the following actions:

• Each user shall earn 250 points for registering.
• After registering, each user shall automatically earn one point for every goal scored by the Adler Mannheim.
• After registering, each user shall earn three points for a win after regulation time and two points for a win after overtime or a shootout.
• In DEL play-off games, each user shall earn one point for every goal scored by the Adler Mannheim and three points for a play-off series win.

3.5 In addition, the operating company reserves the right to award special points for other promotions.

3.6 If a purchase contract for which a user has been credited points is altered (e.g. due to amendments, cancellations, challenges, withdrawal, exchanges), or in the event of incorrect bookings and misuse, the operating company reserves the right to cancel the relevant points.

3.7 Any points and vouchers or similar items that can be redeemed for points may not be transferred to third parties, unless explicitly stated otherwise in the Coupon Centre. Each user shall be prohibited from selling or transferring points to third parties without the written consent of the operating company.

3.8 The operating company reserves the right to limit or reduce any points earned by users for food and drinks purchased from Whistle Sportsbar GmbH to a maximum of 900 points per season.

4. Redeeming Points

4.1 Any points earned by users may be redeemed via the Coupon Centre in the Adler Mannheim Fan App for discount coupons for selected Adler Mannheim fan merchandise or non-purchasable special events or food and drinks (Food affairs GmbH in the SAP Arena or Whistle Sportsbar GmbH).

4.2 The discount coupons currently available for fan merchandise and non-purchasable special offers can be found in the Coupon Centre under “Offers”. Once users have earned enough points for a certain coupon, they may purchase the coupon by clicking the “Buy coupon” button under the relevant offer.

4.3 Each user can view and access the coupons they have purchased in the Coupon Centre under “Purchased”. The purchase of coupons cannot be undone in the Adler Mannheim Fan App. A coupon may only be reversed by the operating company at fan shop checkouts or in the Whistle – Fanwear & Tickets fan shop during its period of validity; the points shall then be credited back to the user’s account.

4.4 The selection of discount coupons and coupons for special offers available in the Adler Mannheim Coupon Centre and the number of points required to redeem a coupon shall be determined by the operating company at its sole discretion.

4.5 All points shall expire 36 months after they have been credited to a user’s account.

4.6 When points are redeemed for coupons, the points that are set to expire first shall be given priority.

4.7 No points may be exchanged for cash. If any goods purchased in conjunction with points are exchanged or returned, a cash refund shall be made.

4.8 Each user may view their current points balance using their Fan ID in the Adler Mannheim Coupon Centre. If a user objects to their balance, they must contact adler-fanapp@saparena.de in writing as soon as they become aware of the issue.

5. Redeeming Discount Coupons

5.1 Any discount coupons purchased for Adler Mannheim fan merchandise may only be redeemed at an Adler Mannheim fan shop checkout in the SAP Arena or in the Whistle – Fanwear & Tickets fan shop. Any discount coupons for food and drinks may only be redeemed at Food affairs GmbH in the SAP Arena or at Whistle Sportsbar GmbH. Any users who wish to redeem a discount coupon must present the relevant coupon on their mobile device when making the purchase.

5.2 No coupons may be redeemed in the Adler Mannheim online shop.

5.3 If any users exercise their right to return fan merchandise purchased using a discount coupon from the Coupon Centre, the points used to purchase the discount coupon shall be credited back to their account. Any food and drinks purchased with a coupon shall be non-returnable. No points may be exchanged for cash, even if the relevant fan merchandise is returned. Any refunds may only be made if the relevant fan merchandise and receipt are returned to a fan shop checkout in the SAP Arena or in the Whistle – Fanwear & Tickets fan shop. For organisational reasons, returns may only be made in the fan shop at the SAP Arena reception or in the Whistle – Fanwear & Tickets fan shop.

5.4 If a user has a valid coupon for any fan merchandise that is no longer available, the operating company reserves the right to cancel the coupon and credit the relevant points back to their account.

5.5 Each discount coupon shall have a specific expiry date, as indicated on the coupon. Once a coupon has expired, it may no longer be redeemed and the relevant points shall not be credited back to the user’s account.

5.6 No discount coupons may be combined with other discount promotions. Each discount coupon may only ever be used for one discount promotion.

6. Obligations of Users

6.1 The Adler Mannheim Coupon Centre shall be made available exclusively for private use. No users or other third parties may use an incentive scheme for commercial purposes, in particular to obtain data from other users, without the express consent of the operating company.

6.2 Each user’s passwords must be strong and kept secret; they must not be made available to third parties for use. Each user shall be prohibited from sharing their Coupon Centre account with others so as to earn points together.

7. Rights to Coupon Centre Services

7.1 Each user shall only acquire any rights related to the legally protected services of the Coupon Centre that are necessary to perform the services owed.

7.2 Any names, trademarks or other industrial property rights featured in the Coupon Centre shall be used under licence. No users shall acquire any independent rights in this regard.

8. Rights to User Content

8.1 Any users who post content in the Coupon Centre shall grant the operating company, Food affairs GmbH in the SAP Arena, Whistle Sportsbar GmbH and Adler Mannheim Eishockey Spielbetriebs GmbH & Co. KG the non-exclusive and transferable right to use the content for their own purposes related to the Coupon Centre free of charge and without restrictions in terms of time and space. If any such content is to be made accessible to third parties, this may only be done with the personal consent of the user in question.

8.2 This right shall include the right to edit and modify the content to the extent required for the content to be used as contractually agreed.

8.3 The relevant rights shall continue to be transferred even after the contractual relationship with the user in question has expired.

8.4 Each user shall guarantee that they are free to exercise all necessary rights to the content they post; if this is not the case, the offending user shall indemnify the operating company, Food affairs GmbH in the SAP Arena, Whistle Sportsbar GmbH and Adler Mannheim Eishockey Spielbetriebs GmbH & Co. KG against any damages and claims asserted by third parties. In particular, they shall be entitled to compensation for any reasonable costs incurred in defending themselves against such allegations.

8.5 Any users who post content (e.g. text, photographs, videos or graphics) in the Coupon Centre shall be liable for ensuring that the content

• does not violate the law;
• does not offend common decency; and
• is not harmful to minors or otherwise likely to tarnish the reputation of the operating company, Food affairs GmbH in the SAP Arena, Whistle Sportsbar GmbH or Adler Mannheim Eishockey Spielbetriebs GmbH & Co. KG.

The operating company shall be entitled to immediately delete any content that violates the above provisions.

9. Additions and Amendments to Terms of Use

9.1 These terms of use may be changed with future effect. If a change is made, all previously registered users shall be logged out. They shall then have to agree to the amended terms of use when logging in again.

9.2 If a user objects to any changes, their objection shall also be construed as the termination of their Coupon Centre membership. This shall be pointed out separately to each user in the information about the changes to the terms of use.

10. Liability

10.1 The parties shall only be liable for slight negligence if they breach an essential contractual duty. An essential contractual duty is an obligation which has to be observed to enable this contract to be properly performed in the first place and on the observance of which the other party may regularly depend.

10.2 This shall be without prejudice to any claims for injury to life, limb or health and any claims for property damage under the German Product Liability Act (ProdHaftG). Furthermore, the above exclusions and limitations of liability shall not apply if a certain quality or property is explicitly guaranteed, if any claims are asserted due to a lack of guaranteed properties, or if a party is guilty of fraudulent intent.

11. Term and Termination

11.1 All users may terminate or revoke their Coupon Centre membership at any time without having to state their reasons for doing so. The notice of termination may be sent by email to adler-fanapp@saparena.de. If a user terminates their membership, any points earned up to that point shall expire alongside any coupons that have not been redeemed. No points or coupons may be exchanged for cash or transferred to third parties.

11.2 The operating company may terminate a user’s membership with 3 months’ notice. The incentive scheme may also be discontinued with the same notice period.

11.3 The operating company also reserves the right to terminate a user’s membership without notice for compelling reasons. The operating company shall have a particularly compelling reason for doing so if

• a user culpably breaches any of their contractual duties under Sections 2.2, 2.3 and 6 of these terms of use;
• a user provides significantly incorrect information during registration;
• a user registers multiple times or shares an account with others;
• the operating company loses the right to run the Coupon Centre for reasons beyond its control; or
• a user earns points through misuse (e.g. by illegally using third-party data).

11.4 When the termination of a user’s membership and/or the discontinuation of the Coupon Centre takes effect, any points on the user’s account shall be forfeited.

12. Final Provisions

12.1 If any provisions of these terms of use prove to be ineffective, this shall have no bearing on the effectiveness of the remaining provisions.

12.2 These terms of use are subject to German law to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall be without prejudice to any mandatory statutory provisions on consumer protection.

12.3 If the user does not have a general place of jurisdiction in Germany, Mannheim shall be agreed as the place of jurisdiction. This shall also apply if a user moves abroad after registration or if their place of residence is not known at the time the action is filed. This shall be without prejudice to any mandatory statutory provisions on consumer protection.

Mannheim, July 10 2023