General Terms and Conditions for Goods, Works, and Services Related to the Purchase and Use of Tickets
Allgemeine Geschäftsbedingungen (deutsch)
These Ticketing Terms and Conditions, which you accept when you place an order and purchase a ticket, apply to the purchase of tickets for events at SAP Arena from Betriebsgesellschaft der Multifunktionsarena Mannheim mbH & Co. KG (herein: Operating Company). The Visitor Terms and Conditions also apply.
1. Applicability
1.1 The Ticketing Terms and Conditions always apply when the purchaser/visitor purchases tickets for events at SAP Arena from the Operating Company through ticket agencies, in the call center, or over the Internet. The purchase of a ticket establishes contractual relations relating to attending an event solely between the purchaser/visitor and the event organizer concerned. This event contract may also be subject to the event organizer's own general terms and conditions.
1.2 The Operating Company negotiates the event contract only as an agent in the name of and on behalf of the event organizer concerned, unless in a particular case the Operating Company itself is the event organizer. By ordering a ticket, the purchaser orders the Operating Company to handle the presale including mailing. These Ticketing Terms and Conditions apply directly between the purchaser and the Operating Company and govern conclusion of contract, price elements and methods of payment, provisions governing mailing and incorrect delivery, and rights of revocation and return as a separate agreement from the event contract.
2. Contract
2.1 Details, in particular on Web sites, about the time, type, content, and entry price of and the artists appearing at an event do not represent an offer of a contract but are only an invitation to the purchaser to make an offer. The purchaser/visitor makes an offer to conclude a presales contract as soon as he or she asks for a ticket at the ticket agency or clicks the Payment/Confirm Order field on the Web site. A contract is made between the purchaser and the event organizer concerned only once the ticket is handed over or (with online sales) when the Operating Company accepts the offer in the name of the event organizer (for example, by express confirmation or by assigning and sending the transaction number).
2.2 With online orders, the receipt of an order is automatically confirmed. This electronic confirmation does not mean that an event contract was concluded. The Operating Company accepts the offer only after checking availability and by submitting express acceptance and confirmation and sending the tickets.
2.3 If at the time of processing the order, the number of tickets and or/the ordered category is/are no longer available, the Operating Company will assign an alternative category to the purchaser, provided this is available and provided the purchaser requested this when he or she submitted the offer.
3. Pricing elements and methods of payment
3.1 A processing fee, which varies according to the event and will be stated, is charged for presales and online orders (presales fee). It does not include postage and mailing of tickets.
3.2 The ticket prices can exceed the prices printed on the tickets (for example, because of the additional presales fee and the mailing costs). Statutory value-added tax is included in the final price and is indicated separately.
3.3 Tickets ordered by telephone or online will be delivered by DHL.
3.4 If payment is not made, the Operating Company can have the tickets blocked.
3.5 Reductions are granted (depending on the event) in accordance with the price list valid from time to time.
4. Mailing and incorrect delivery
4.1 The purchaser must check the mailed tickets immediately after receiving them to ensure they correspond to the offer made (if ordered online, the purchaser can check the tickets by reviewing his or her confirmed order received by e-mail). If the delivery is obviously incorrect, in particular if tickets have been issued incorrectly (for example, incorrect seat category, incorrect event), the tickets will be replaced for free, provided the purchaser gives written notice of the error without delay (that is, within three days) after receiving the tickets. Notice can also be given by e-mail (ticketing@saparena.de) or by fax (fax no.: +49 621 1819018331).
4.2 The purchaser bears the risk of mailing the tickets except in the case of gross negligence or intent on the part of the Operating Company or a person performing a duty on its behalf.
4.3 The Operating Company will dispatch the tickets only after the price has been credited to its account.
5. Rights of revocation and return
5.1 Since events at SAP Arena are recreational services and are performed at a certain time or within a fixed period, the rules governing remote sales contracts and, in particular, rights of revocation do not apply (see the German Civil Code, section 312 b (3) (6)). After receipt of the offer acceptance (see article 2.1) all online orders are therefore binding and require the purchaser to accept and pay for the ordered tickets.
5.2 In all other respects the Visitor Terms and Conditions, article 4, apply to the return/passing on of tickets.
6. Miscellaneous
In addition to these Ticketing Terms and Conditions, the Visitor Terms and Conditions apply particularly with regard to access to events, how events are held, public security and house rules at SAP Arena, and the warranties and liability of the Operating Company.
Visitor Terms and Conditions
The purchaser/visitor accepts the following General Terms and Conditions of the Operating Company when he or she purchases a ticket.
1. Applicability
1.1 The Visitor Terms and Conditions apply to the following extent in the following cases:
- If the Operating Company is the event organizer of the event: In this case, the Visitor Terms and Conditions apply fully.
- If the Operating Company rents SAP Arena to the event organizer: Contractual relations exist only between the event organizer and the visitor. In this case any claim concerning the event (for example, how the event is held, pricing, possible cancellation) lies against the event organizer. These Visitor Terms and Conditions apply only with regard to the visitor's attendance at SAP Arena , regardless of the event or the event contract.
- If the Operating Company facilitates the sale of tickets by the event organizer to the visitor as a presale activity: The Visitor Terms and Conditions apply to the presale goods, works, and services of the Operating Company.
1.2 The ticket is combined with a travel card from the Verkehrsverbund Rhein-Neckar (VRN) public transportation company and entitles the ticket holder/visitor to travel in accordance with the VRN's travel conditions. There are no contractual relations with the Operating Company. The price for the season ticket/individual ticket includes a proportional fee for the travel costs that is withheld on behalf of and for the account of the VRN.
2. Conclusion of contract and payment in the Ticketing Terms and Conditions
These Visitor Terms and Conditions do not govern conclusion of contract or payment for the purchase of a ticket, regardless of whether the ticket is purchased from a ticket agency or over the Internet. Conclusion of contract, payment, mailing of tickets, complaints, and remote sales issues are governed by the Ticketing Terms and Conditions (General Terms and Conditions for the Purchase of Tickets) and apply in addition to the Visitor Terms and Conditions.
3. Access to events
3.1 Access to an event at SAP Arena is only granted on presentation of a valid ticket or other permit issued by the Operating Company, the event organizer, or another party authorized to do so. At Adler Mannheim and Rhein-Neckar Löwen matches, children up to three years of age do not require a ticket but are not entitled to their own seat or place to stand.
3.2 At some types of event, for example concerts, a visitor arriving after an event has begun will only be allowed into the venue at the next break in the event.
4. Return and passing on of tickets
Only applies to events organized by the Operating Company (article 1.1 (1)) and presales (article 1.1 (3))
4.1 To prevent violence and crimes related to visits to SAP Arena, to implement stadium bans, to prevent the resale of tickets at higher prices, and to separate the fans of competing sports teams, it is in the interest of the Operating Company and the participating sports teams and in the interest of security at SAP Arena to restrict the passing on of tickets. The purchaser may only pass on tickets to family members or to people known to him or her who have not been involved in violent disputes at sports events. Tickets may not be resold at a higher price than their face value. In particular it is not permitted to offer tickets through Internet auctions, the press, radio, or other media with the aim of achieving a higher price. The purchaser undertakes to purchase and use the tickets for private purposes only. It is not permitted to purchase tickets with the intention of selling them on for business or commercial purposes (that is, with the aim of making a profit) without SAP Arena's prior consent. If SAP Arena ascertains that the purchaser has purchased tickets for commercial or business purposes and/or sold tickets on without consent and/or has assigned rights for commercial or business purposes (in particular through eBay or to ticket agencies), SAP Arena can refuse to sell tickets to the purchaser in the future, ban the purchaser from entering the venue, and demand payment of an appropriate contractual penalty of not more than €2,500 for any breach of the ban in accordance with this article. In this case SAP Arena reserves the right to report appropriately on the incident including naming the purchaser in order to prevent future use of tickets that breaches the contract; SAP Arena reserves the right to exercise its further rights under civil and criminal law.
4.2 Purchased tickets cannot be exchanged. Therefore there is no obligation to take back tickets that have been sold. If an event is postponed, the tickets remain valid for the new event date. In the case of postponement, the purchaser can decide whether to attend the event on the new date with the ticket or whether to give back the ticket and withdraw from the event contract. This right to decide does not apply if the event takes place on the same date but at a different time. Withdrawal is only possible up until 10 days before the new event date and at the ticket agency where the ticket was purchased.
4.3 Tickets will be taken back if the event has to be cancelled without replacement. In this case the ticket will be taken back and the purchase price refunded at the ticket agency where the ticket was purchased up to four weeks after the event date.
4.4 In cases where tickets are taken back, the face value of the ticket is refunded. Further claims - for example, for any travel expenses incurred, presales fees, and mailing costs - cannot be made against the Operating Company.
5. Holding of the event
5.1 The event organizer reserves the right to make changes to the program and performers. The right to reimbursement of tickets only arises if the change is material or is unreasonable for the visitor in light of his or her rightful interests.
5.2 The visitor parks his or her vehicle at his or her own risk if he or she does not park it in the parking lot and does not properly conclude a contract governed by the Operating Company's parking lot rules to use the parking lot.
6. House and parking lot rules
6.1 The Operating Company provides all goods, works, and services only on the condition that the visitor complies with the house rules and all other general rules affecting visitors to SAP Arena. The house rules, the parking lot rules, and others can be inspected on the SAP Arena Web site (www.saparena.de).
6.2 All persons attending an event at SAP Arena expressly recognize that they are attending at their own risk and that the Operating Company cannot be held responsible for risks, dangers, or damage caused by third parties unless the Operating Company breaches its duty to make SAP Arena safe for persons or vehicles or is otherwise at fault.
6.3 Visitors to SAP Arena may not do business on the site and, in particular, may not offer goods for sale. Such goods can be removed by the people responsible for maintaining order or temporarily confiscated. The provision of services is not allowed without permission from the Operating Company.
7. Warranty
7.1 The Operating Company is only liable for the content of the event, how it is held, its organization, and its quality if it itself is the event organizer. For all other events (third-party events) the event organizer concerned (for example, the party renting SAP Arena, the ticket seller) is responsible. The Operating Company is not liable for the accuracy of the information about third-party events provided by the event organizer.
7.2 No claims lie against the Operating Company for defects unless the usefulness of the goods, works, and services provided by the Operating Company is materially impaired. Liability for breach of guarantee for initial defect in the rented object is excluded.
8. The Operating Company's liability
8.1 The Operating Company's liability in contract, tort, and otherwise for loss including but not limited to wasted expenditure is subject always as follows:
- in cases of intent and in cases where the Operating Company has in express writing given a written contractual guarantee or has accepted the procurement risk, liability extends to the full loss;
- in cases of gross negligence, liability is limited to the amount of typical and foreseeable loss that would have been prevented through the exercise of due care;
- in other cases, the Operating Company is only liable for breach of a major obligation where the breach jeopardizes the purpose of the contract, for default, and for claims for defects/warranty - in all these other cases the Operating Company's liability is restricted to replacement of the typical and foreseeable loss.
8.2 This is without prejudice to liability for personal injury or liability under German product liability legislation. The Operating Company may claim contributory fault and contributory negligence.
8.3 The Operating Company is not liable for disruptions and damage caused by force majeure, in particular natural phenomena.
9. Prevention of access to SAP Arena
9.1 The right to refuse entry for just cause and in return refund the purchase price of the ticket is expressly reserved.
9.2 Children and young people under the age of 16 must be accompanied by a parent or guardian.
9.3 Accessing the stage and crossing barriers are forbidden and will lead to exclusion from the event.
9.4 The event organizer concerned and the legal owner or occupier reserve the right to expel from the venue any visitor who breaches the Visitor Terms and Conditions and to ban him or her from entering the venue. The same applies to breaches of the house rules where the breach is material.
10. Data protection
10.1 The Operating Company handles visitors' personal data in accordance with the applicable data protection rules. The Operating Company collects, processes, and uses personal data (in particular, name, address, telephone number, e-mail address, bank details, credit card details, and so on) to the extent necessary for the establishment, provisions, and amendment of the contractual relations. The Operating Company is authorized to disclose the data to a third party hired to perform the contract provided this disclosure is necessary for the performance of the contract concerning attendance at an event.
10.2 Unless the visitor has expressly not given his or her consent, the Operating Company is entitled to collect, process, and use the personal data to advise the customer and to collect, process, and use the personal data anonymously for advertising, market research, its own purposes and to ensure the services it offers are attractive. The visitor can revoke this consent at any time without giving reasons.
11. Audiovisual recordings
The visitors is aware of and consents to the Operating Company and the event organizer making audiovisual recordings at any time and distributing copies of them at any time worldwide. The visitor also consents to audiovisual recordings being broadcast and published over a transmitter, the Internet, or other means.
12. Miscellaneous
12.1 The sole place of performance for delivery, performance, and payment is Mannheim, Germany. If the visitor is a business person in the meaning of the German Commercial Code, section 1, or is based outside Germany, the sole place of jurisdiction for all disputes is Mannheim. The Operating Company reserves the right to appeal to any other court that is responsible under German or international civil procedures.
12.2 German law applies without the UN sales laws convention.
