General terms and conditions
Through the purchase of a ticket contractual relationships – in respect of the event visit – solely arise between ticket holder ("customer") and relevant Borussia Dortmund (named as "organiser" hereafter). Thus, own General Ticket Terms and Conditions ("GTTC") of the organiser apply to these legal relationships and act as a supplement to the General Terms and Conditions ("GTC") of CTS EVENTIM Sports GmbH. The customer accepts both the GTC and the GTTC of the organiser when the contract is concluded.
CTS EVENTIM Sports GmbH only procures the event contract by the name and on behalf of the organiser, unless CTS EVENTIM SportsGmbH itself is expressly identified as organiser in an individual case. When ordering a ticket the customer commissions CTS EVENTIM Sports GmbH with the handling of the purchase including shipping.
General Terms and Conditions for the Online Ordering System of CTS EVENTIM Sports GmbH
I.Scope of application
For all orders placed with us regarding the delivery of tickets, the following General Terms and Conditions exclusively apply in relation to CTS EVENTIM Sports GmbH.
1.The offer for a contract arises from the customer as soon as the order transaction of the ticket(s) has been completed. The booking confirmation sent online to the customer by CTS EVENTIM Sports GmbH is a verification for the formation of a contract between the customer and the particular contract party (organiser or CTS EVENTIM Sports GmbH).
2.No guarantee is assumed for the correctness of the data contained in the website of CTS EVENTIM Sports GmbH.
III.Price components and payment terms
1.The prices for tickets may exceed the printed-on ticket prices (cf. no. III.2). You can pay either by credit card (Visa or MasterCard) or SEPA direct debit. VAT is included.
2.When ordering online a service fee which may vary according to the event will be charged. Postage and shipping charges are included. The service fee is displayed in the shopping basket during the booking process. You will not be charged for any further costs if not clearly displayed.
IV.Right of rescission and refund
As far as CTS EVENTIM Sports GmbH offers services on behalf of the organiser in the area of recreational activities – especially tickets for events – no distance selling contract (Fernabsatzvertrag) as per § 312b German Civil Code is present. I.e. a two-week right of rescission and refund does not exist. Therefore, every order of tickets is binding immediately after the confirmation of CTS EVENTIM Sports GmbH (on behalf of the organiser), and obligates to accept and pay for the tickets ordered.
V.Obligations of the client
1.Please compare the tickets sent to you immediately after receipt upon conformity with your order. This can be called in the service area of the online ticket shop under "booking summary". In case of evident wrong deliveries, especially printing errors (wrong seat category, wrong event), you will receive replacement tickets free of charge against return of the incorrect ones. Please send a written note about the wrong delivery immediately after receipt by post to CTS EVENTIM AG & Co. KGaA, Kundenservice Borussia Dortmund, Postfach 10 39 12, 28039 Bremen, Germany or by e-mail to email@example.com senden.
2.In case you have not received your ordered tickets within seven days after placement of order resp. three days before the particular event at the latest, please call us under +49 1806 51 53 04 (0,20 €/call incl. VAT within German landline network, German mobile rates max. 0,60 €/call incl. VAT) or send us an e-mail (firstname.lastname@example.org).
VI.Deposit of tickets
When ordering tickets less than five days before the particular event the tickets will not be sent to you by post any more, but will be deposited at the venue in order to be picked up personally. In this case, you will be informed in due time about place and date for the collection.
VII.Limitation of liability, exclusion of rescission in case of specific breaches of duty
1.According to the product liability law CTS EVENTIM Sports GmbH is in any case legally responsible without limitation for intentional or grossly negligent caused damages, fraudulent concealment of defects, damages resulting from tortious injuries of life, limb, or health as well as damages resulting from breach of warranty.
2.In case of breach of essential contractual obligations (so-called cardinal obligations), only based on simple negligence, liability of CTS EVENTIM Sports GmbH is limited to the contract-typical, anticipated damages only.
3.Apart from the cases shown in paragraph 1 and 2 CTS EVENTIM Sports GmbH is not liable for damages caused by simple negligence.
4.The right of the customer to release him-/ herself from the contract is excluded when breach of duty is not represented by the organiser or CTS EVENTIM Sports GmbH, and does not have a defect of the goods.
5.As far as the liability of CTS EVENTIM Sports GmbH is excluded or limited according to the aforementioned paragraphs, this also applies to the liability of its vicarious agents and persons employed in performing contractual obligations.
1.The Law of the Federal Republic of Germany applies exclusively.
2.As far as the customer is entrepreneur (acc. to § 14 German Civil Code) place of performance for delivery, service, and payment is Hamburg, Germany.
3.If the customer is a registered trader, exclusive (and international) place of jurisdiction is Hamburg, Germany, regarding all direct or indirect disputes arising from the contractual relationship. This is valid for non-traders also in case of transborder contracts. CTS EVENTIM Sports GmbH reserves the right to call upon any other international responsible court also.
Date: March 2010
General ticket terms and conditions for the purchase and use of entry tickets for events in SIGNAL IDUNA PARK
These general ticket terms and conditions (hereinafter “GTTC”) apply to the purchase and use of all entry tickets (hereinafter “ticket”) for events of Borussia Dortmund GmbH & Co. KgaA, Rheinlanddamm 207-209, 44137 Dortmund (hereinafter “Organizer“) to the corres-pondingly used event location, in particular, in SIGNAL IDUNA PARK, Strobelallee 50, 44139 Dortmund. Ticket orders via the internet and orders for season tickets are subject to special provisions as well; these GTTC are additionally applicable in their valid version. In the case of contradictions, the GTTC have precedence. With regard to the conceded right to travel via the means of transport provided by the linked transport system “VRR”, on account of the season ticket, a contract for carriage is entered into exclusively between the owner of the season ticket and the transport company that he uses and in whose name the Organizer has collected the travel cost in the price of the season ticket. The special provisions of the transportation regulations of the transport company, if any, are to be noted.
2.Conclusion of the contract and payment terms
(1)The amount of the entry price is determined by the Organizer’s corresponding current price list and the ticket categories of the corresponding current seating plan of SIGNAL IDUNA PARK. The Organizer’s offers are non-binding; the purchaser’s orders are binding.
(2)A maximum of four (4) tickets will be handed over per person. The Organizer reserves the right to increase or decrease the number of tickets at his own discretion and to grant ticket price reductions and preferential conditions for handicapped people and/or youth below 18 years of age. Different conditions can apply for authorised advance booking offices.
(3)Orders are always executed through advance payment e.g. cash, transfer, EC card, credit cards accepted by the organiser (presently: Mastercard, Visa, American Express). If an order has, as an exception, been accepted on account, the purchaser is obliged to settle the invoice amount within 14 days of receipt of the invoice. By exceeding the payment deadline, the purchaser is in arrears even without a reminder. The Organizer also reserves the right to use payments to settle the oldest due item of the invoice plus the accrued interest and costs in the following order: costs, interest, principal claim.
3.No right to withdrawal
Even if the Organizer offers part of the tickets through telecommunication media according to § 312b Para. (2) of the BGB (German Civil Code), no distance selling contract is applicable according to § 312b Para. (3) No. 6 of the BGB (German Civil Code). This means that a two week right to revoca-tion and return of goods does not exist. Each order for tickets is thus binding immediately upon confirmation by the organiser and obligates accepting and paying for the ordered ticket(s).
4.Despatch and complaints
(1)If the purchaser so chooses, ticket despatch is executed at the purchaser’s cost and risk, unless intent and gross negligence can be attributed to the Organizer or his representatives. The selection of the transport company is at the sole discretion of the Organizer.
(2)The purchaser is obligated to check the tickets after purchase or receipt for their cor-rectness regarding number, price, date, seat number, event and event location. A complaint regarding incorrect tickets must be made immediately, at the latest within three working days after purchase or receipt of the ticket(s), in writing, i.e. by e-mail or through the post to the address given under Point 11 Para. (3). The invoice, the date stamp or the transmission protocol is decisive for complying with the complaint deadline. After expiration of the complaint period, no claims can be made for returning or reordering the ticket(s). In the case of a justified and timely complaint, the Organizer will provide the purchaser new tickets, free of cost.
5.Return and refund
(1)An exchange of the ticket(s) is fundamentally excluded. In the case of loss and only in justified cases, which the purchaser has to prove, a replacement ticket will be issued. The purchaser bears the cost for issuing a replacement ticket.
(2)If the event is cancelled, the purchaser will receive the purchase price against return of the ticket(s) from the advance booking office where the ticket(s) was purchased. If an event is interrupted, called off, or if the organiser is not permitted to occupy all the seats or some of the seats (“phantom match”), there is no refund of the purchase price unless the Organ-izer has caused the non-performance of the service.
(3)The Organizer reserves the right to relocation. In this case the ticket(s) retain their va-lidity. Return of the ticket(s) against refund of the purchase price is only possible up to the last working day before the final event date, in the case of relocation.
6.Sale and passing on of tickets
(1)In order to avoid violence and criminal acts in connection with the visit to the event lo-cation, for enforcing stadium bans, to separate fans of the opposing teams and to prevent the sale of tickets at excessive prices and in particular, to maintain the developed price structure of the club while taking into account the fan’s concerns and social aspects, it is in the Organizer’s interest to limit the sale and passing on of the tickets in favour of the sta-dium’s safety. The commercial and trade sale and passing on of tickets is reserved for the Organizer and the offices authorised by him. In the case of a personal hindrance, tickets may be passed on, as an exception, while observing the following Paragraph (2).
(2)In particular, the purchaser and/or the owner of a ticket is forbidden to:
- sell the ticket via the trade and/or commercially without the Organizer’s agreement, in writing;
- offer or sell the ticket in the case of a private hand over, at a substantially higher price than specified on the ticket. In particular, this can be expected when the option „Buy now“ (fixed price) is not selected in the framework of internet auctions, or the ticket(s) are offered at a price 15% higher than the original price on other internet platforms; the extra charge of above 15% is not permitted for compensating for actually incurred trans-action costs and the use of the logos, trademarks, marks and copyrights and other rights of the Organizer for the preparation, execution and/or execution of the handing over is not permitted;
- pass on the ticket to people who have been banned from stadia for reasons of safety and/or are prohibited from attending football matches in all of Germany;
- pass on the ticket to fans of the guest club if they have not been procured from the guest club;
- pass on or use the ticket, without the Organizer’s prior written permission, for adver-tisement purposes, marketing, as bonus, advertisement present, a prize in lotteries or as part of an unauthorised hospitality or travel offer.
(3)In the case of each resale and/or passing on of a ticket, the corresponding purchaser is obliged to effectively agree and include these GTTC in the framework of the resale and/or the passing on to the corresponding purchaser or receiver of the ticket. Each purchaser or receiver of the ticket must provide information, at the Organizer’s demand, about if, when, which and how many tickets and at which price were sold or handed over to which people.
(4)In the case of non-compliance with the above prohibitions, duties or other violations of these GTTC, the Organizer is authorised to block the ticket and/or the affected tickets – also electronically – without compensation and to refuse the corresponding purchaser or receiver of the ticket entry to the venue or to expel him from the stadium. Further, the excess proceeds from the resale is to be paid to the Organizer.
(5)Further, the Organizer is authorised to refuse future sale of tickets to the non-compliers, to issue a ban from entering the stadium, to pass on their stored data to other organizers and to demand payment of a reasonable contractual fine at the discretion of the Organizer and, if required, that will be checked by the responsible court in the case of intentional non-compliance with the prohibitions according to Point 6 Para. (2) or the duties of Para. 3. The determining factor for the amount of the fine is the number of tickets offered, sold, passed on or used. In addition, the Organizer reserves the right, particularly in the case of trade and commercial resale of tickets, to report about the case by also specifying names, in an appropriate manner, in order to prevent contrary to contract use of the tickets in the future. The Organizer expressly reserves the right to enforce further legal claims and actions.
7.Entry to SIGNAL IDUNA PARK and right to the personal image
(1)The entry to the venue is subject to the GTTC and additionally to the Stadium Rules of the Borussia Dortmund GmbH & Co. KGaA and of the BVB Stadion GmbH, in their current version that have been expressly included in these GTTC and which are displayed at the venue.
(2)The ticket authorises only the holder to visit the event specified on the ticket. At the end of the event, the ticket loses its validity. Concessionary tickets authorise the owner entry only together with a valid, official ID and/or a certificate that gives the reason for the concession.
(3)Bringing glass containers, cans, large objects, pyrotechnical objects, flares, sparklers, weapons and dangerous objects, all drinks, illegal drugs and animals is prohibited. The same applies to bringing photo or video cameras and/or other picture and sound recording devices for the purpose of commercial use insofar as no prior agreement of the organiser is available. The organiser is authorised to take possession of the above type of objects, temporarily and without compensation. The expression or propagation of inhuman, racist, xenophobic, politically extremist, obscene or sexually offensive or provocative, insulting slogans is forbidden. In the case of non-compliance with these prohibitions, expulsion from the venue is the result. The same is valid for persons who are clearly under the influence of drugs and/or alcohol.
(4)Your presence in and at the venue is at your own risk. The stadium rules, in particular, the instructions of the police, the Organizer’s event manager and/or the enforcement agents must be followed. Entering the playing field and the climbing on or climbing over the barriers is strictly prohibited. Entry to the entire south side area (S/W, South, S/E) of the SIGNAL IDUNA PARK in the opposing side’s fan clothing is prohibited and entry in the BVB fan’s clothing in the areas (North, N/E) that are used exclusively by the guest side is prohibited.
(5)Participation in criminal acts or violence in connection with an event inside or outside the venue, violations of these GTTC and/or the stadium rules can result in a ban to enter the stadium besides further consequences under criminal and civil law.
(6)Staying at and in the venue for the purpose of media reporting about the event (TV, ra-dio, internet, print, photography) is only permitted with the Organizer’s consent and in the area specifically designated for media representatives. It is therefore not permitted for ticket holders to record voice, photos, videos, descriptions or results of the game without the consent of the organiser, unless it is exclusively for private, non-commercial purposes. It is however always prohibited to promulgate or reproduce voice, photo, film or video re-cordings, in particular, via the internet or mobile telephony for the purpose of sale or sup-porting other persons in such activities. Devices or systems that can be used for such activities may not be brought along to the venue without the consent of the Organizer.
(7)Unpermitted sale of drinks, foodstuff, souvenirs, clothes, advertising items, fan items is prohibited.
(8)The purchaser and/or owner of a ticket agrees, that for all present and future media, the Organizer or the third parties authorised by it have the right to create, reproduce, transmit or have transmitted and use in audio-visual media, pictures and/or voice recordings of him and that these rights extend beyond the period of the event, irrevocably and without payment.
(1)The Organizer can demand a contractual penalty to the amount of up to 500 Euro for each not minor violation of the regulations of these GTTC. Further rights according to these GTTC – particularly according to Point 6 Para. (5) – and compensation claims remain reserved.
(2)Additionally, the Organizer reserves the right to refuse entry to the stadium or to expel from the stadium, those persons who violate these regulations without refunding the price for entry, to refuse to allow them to purchase tickets in the future, to impose a stadium ban on them, to transmit their stored data to other organizers and/or to initiate further civil and/or criminal proceedings against them.
(1)The organiser is liable for personal injuries and damage to property only to the extent of the insured risks.
(2)Property damage claims – independent of the clause in law – and the liability for indirect damage and unforeseeable damages at the time of concluding the contract are excluded, as long as the Organizer, its legal representatives and/or agents have not acted with malice or gross negligence.
(3)The limitations above do not apply to claims for injury to life, the body or health and in cases in which, due to the force of the law, or in cases of a culpable breach of major contractual obligations (cardinal obligations) where liability is mandated.
10.Notice on data protection
During all data processing transactions (e.g. recording, processing and transferring data), we will act in accordance with the legal regulations. Your data which is required for business processing are stored and will be transferred to the service provider authorised by us to the extent required for processing the order. In the case of imposition of a stadium ban for all of Germany, the name, birth date, address and reason for and duration of the stadium ban will be transmitted to the DFB (German Football Association) who will forward the data to those responsible at the local stadia for execution of the ban. Further, address and order data will be collected and processed for our own marketing purposes and for our allied companies BVB Merchandising GmbH, Strobelallee 50, 44139 Dortmund and Sports & Bytes GmbH, Rheinlanddamm 207-209, 44137 Dortmund. For marketing purposes of third parties, only such data will be forwarded as is legally allowed (generally publicised data and data summarised in lists according to § 28 Para. 3 No. 3 of the old version and § 47 No. 2 of the new version of the German federal data protection act, and according to § 28 Para. 3 Clause 2 and Clause 4 of the new version of the German federal data protection act).
Note: You can stop the processing and exchange of your personal information for marketing purposes without stating a reason at any time, by sending an informal letter by mail to: Borussia Dortmund GmbH & Co. KGaA, Rheinlanddamm 207-209, 44137 Dortmund, or by e-mail to email@example.com. This is however not applicable to the data required to process your order or in the case of a stadium ban that has been imposed on you. After receipt of your objection, we will not use, process or transmit the relevant data for other purposes any more, other than for processing your order and to maintain any stadium ban that has been imposed on you and shall also stop sending you advertising material including our catalogues.
(1)The laws of the Federal Republic of Germany have validity with exclusion of the conflict of laws provision (IPR) and the UN sales law (CISG).
(2)If both contractual parties are merchants according to the HGB (German commercial code), a legal entity of public law or special funds under public law, then the place of per-formance and jurisdiction for both parties is Dortmund. In the case of cross border con-tracts, the place of jurisdiction is Dortmund as well; this however is not applicable if the purchaser or owner is a user.
(3)In the case of events of Borussia Dortmund GmbH & Co KgaA, orders, complaints and/or inquiries can be addressed to: Borussia Dortmund GmbH & Co KGaA, Ticketing, Rheinland-damm 207-209, 44137 Dortmund.
(4)If individual clauses of these GTTC should become completely or partially invalid, it does not affect the effectiveness of the remaining clauses and the remaining part of such clauses. The parties have to replace such an ineffective regulation with such a regulation that comes closest to the commercial purpose of the ineffective regulation and is effective. The same applies to any absent provisions in the contract.
Date: June 2012
Borussia Dortmund GmbH & Co. KGaA
Borussia Dortmund Geschäftsführungs-GmbH