general terms and conditions
Gneral Terms and Conditions (ATGB) of EC Red Bull Salzburg GmbH
1. Scope of application
The purchase and use of tickets for events of EC Red Bull Salzburg GmbH, Gaisbergstrasse 4 A, 5020 Salzburg, Austria (hereinafter referred to as "Club") are subject to the following general terms and conditions ("GTC"). By purchasing and using a ticket the purchaser and/or holder accepts these GTC. These GTC are deemed to be the framework agreement also for any and all further transactions between the parties to the agreement. These GTC apply both to the sale of single tickets, i.e. tickets which are valid for one game each, and combinations of such single tickets as well as for season tickets (collectively referred to as "Tickets"). The Club does not accept any terms and conditions of the customer which are contrary to, or deviate from, these GTC, except if the Club has agreed explicitly to their validity in writing.
2. Conclusion of contract
2.1 Tickets for events of the Club can only be purchased at the Club’s ticket counters or at the office of the Club, via the ticket hotline, at the web shop of the Club and via ticketing partners and ticket agencies authorised by the Club.
2.2 Subsequent cancellation of Tickets by the customer is excluded.
3. Period of validity of Tickets
3.1 Single tickets are valid only for the event named on the ticket. If an event is rescheduled, the Ticket remains valid and the right to exchange or return the Ticket is excluded.
3.2 Tickets are one-way Tickets, which means that Ticket holders leaving the Arena during or before the end of an event after they were properly admitted will not be admitted to the Arena any more.
4. Prices and services
The price to be paid for attending an event is based on the current price list of the Club. Changes regarding prices, dates and availability of services specified on the website are reserved explicitly. All prices listed by the Club contain any and all duties and taxes. Unless provided for otherwise, any and all shipping costs and all other expenses, cash-on-delivery fees, import or export expenses, etc. must be borne by the customer.
5. Due dates and terms of payment
Any and all orders must be paid for by the customer without delay by using the means of payment provided by the Club or the ticketing partners (specifically in cash, by EC card, direct debiting or credit card). Any and all fees are shown during the ordering process and fall due upon conclusion of the contract. Payments by the customer are considered effected only when they have arrived on the business account of the Club. If payment is unsuccessful for reasons the customer is responsible for, the Club is entitled to delete the order without replacement or block the Ticket electronically. Until paid in full, the Tickets remain the property of the Club. Asserting claims for damages is reserved explicitly. Regarding reminders for outstanding amounts, a lump sum of € 10 and the statutory interest on arrears are charged. Deviating provisions may apply for the ticket agencies and ticketing partners authorised by the Club.
6. Delivery of Tickets to the customer
6.1 Delivery of Tickets depends on the specific agreement of the parties, and may take place by shipping or handover of the Tickets at the agreed locations.
6.2 Moreover, delivering single tickets to the customer is subject to the respective terms and conditions of ticketing partners, if any, of the Club.
6.3 In the event that shipment of Tickets was agreed by and between the parties, the shipping company is selected by the Club. The customer covers the costs of shipment. Postal delivery of Tickets is excluded for Tickets which are confirmed less than one week before the date of the game.
7. Passing on Tickets
7.1 To avoid acts of violence and criminal offences in connection with the event, to execute bans on entry to the stadium, avoid reselling of Tickets at excessive prices and to separate supporters of the opposing teams during the ice hockey games, it is in the interest of the Club to ensure that Tickets cannot be passed on without restriction. Therefore, the customer is not permitted to:
a) publicly offer Tickets via Internet auctions (e.g. eBay) or other Internet marketplaces as well as on the radio, the press or other media or in any other way, if this may lead to achieving prices exceeding the sales price of the Club,
b) pass on Tickets for ice hockey events to supporters of guest clubs against payment or free of charge,
c) sell Tickets commercially without the explicit prior written approval of the Club or to use them as part of sweepstakes, travel or hospitality offers or use them publicly for promotional or marketing purposes, or
d) pass on Tickets for ice hockey events against payment or free of charge to persons on whom a ban to admission or a stadium ban, whether limited to entering the Arena or on a national level, has been imposed.
7.2 The Club reserves the right to refuse, in the future, selling Tickets to persons violating the aforementioned bans and to block Tickets that have been purchased, without replacement, and to ban such persons from the stadium or from entry and/or to initiate further civil or criminal measures.
7.3 If requested by the Club, the customer must disclose the names, dates of birth and addresses of the persons to whom the customer has passed on the Tickets.
8. Discounted Tickets
8.1 Discounted Tickets are available for children (from 6 up to and including 13 years), adolescents (from 14 up to and including 17 years), full-time pupils and students (until their 27th birthday), pensioners, persons on compulsory military service and civilian service, retired persons, severely disabled persons (from 50 degrees of disability), recipients of welfare benefits, unemployed persons.
8.2 For children aged up to and including 5 years, a special Ticket without the right to have a seat may be purchased at the Ticket Center or at the office of the Club against payment of the current insurance fee.
8.3 Subject to the provisions of Article 7 of these GTC, discounted Tickets may be passed on exclusively to persons also entitled to purchase discounted Tickets. Payment of surcharges is excluded. In case of violation, the Club reserves to assert the rights pursuant to Article 7.
8.4 The current ID or evidence for discount entitlement must always be carried along and presented unrequested to security staff when the Arena is entered. If the ID or other evidence is not brought along, admission to the Arena is denied, and the discounted Ticket ceases to be valid. Violations may be punished by expulsion from the Arena and official report for fraud.
9. Season Tickets
9.1 Season tickets are subject to the provisions of these GTC, except if provided for otherwise in this Article 9 of these GTC.
9.2 The prerequisite of purchasing season tickets is to conclude the contract for season tickets, as amended. The contract for purchasing a season Ticket is valid for one season each, and is extended automatically by another season unless terminated by one of the parties to the contract in advance in written form no later than 31 March of the current season. Each season begins on July 1 of each calendar year and ends on June 30 of the following year. The right of termination for good cause remains reserved.
9.4 Games which the season ticket holder has not attended or for which the Club does not qualify, are not refunded by the Club.
9.5 Delivery of the season tickets depends on the terms of the respective contract concluded between the customer and the Club. Postal delivery of tickets is excluded for tickets that have been confirmed less than one week before the first game day of the season.
9.6 In case of delay of payment, the Club is entitled to exercise the right of retention towards the customer. This right is exercised by blocking the season ticket and is declared effective from the time of blocking even without further notice.
9.7 In addition to the measures stipulated in Article 7.2,, the Club reserves the right to terminate the contract for season tickets for cause with immediate effect in case of violation of the provisions set forth in Article 7 above.
9.8 Subject to the conditions in Article 8, it is possible to purchase discounted season tickets. The respective status qualifying for a discount must be maintained until the end of the respective season. An ID or evidence for entitlement to the discount must be submitted to the Club every year before the season ticket is delivered. Article 8.4. applies correspondingly.
10. Return, refund and loss of Tickets
10.1 In general, Tickets cannot be exchanged. If games are rescheduled (regarding time, date or place), the Tickets remain valid. In this case, and if games are cancelled or discontinued, there any claims for refund of the ticket price shall be excluded, such cancellation or discontinuation has been caused by the Club’s gross negligence or wilful intent.
10.2 If single tickets are lost or destroyed, no replacement nor refund will be made. If the season ticket is lost, the Club must be notified without delay. After that, the season ticket is blocked, and the season ticket is replaced. In repeated cases, the Club may deny to issue another replacement for a season ticket. The costs and processing fees of replacing the ticket must be covered by the holder. The ticket can be issued only at the office of the Club. The Club is not responsible for loss of use, if any, or other damage.
11. Right of revocation
The right of revocation regarding distance sales pursuant to § 355 BGB (German Civil Code) does not apply to purchasing Tickets, as the services provided by the Club are leisure time services within the meaning of § 312g II No. 9.
12. Exclusion of liability
Staying at or in the Arena is at the user's own risk. The Club, its legal representatives or third parties commissioned by the Club shall only be liable, for any legal reason whatsoever, in case of intent or gross negligence. If fundamental contractual obligations are violated, liability is limited to the foreseeable damage typical for the contract. Claims for damages to persons are not affected by this provision.
13. Data protection
14. Rules of conduct in the Arena
14.1 Purchasers/holders of Tickets should note explicitly that
a) the holder of the Ticket is entitled to enter the Arena only in combination with a valid official ID or other equivalent proof of identity (e.g. personal ID card, child ID, driving licence);
b) access to the Arena is possible only upon presentation of a valid ticket, regardless of age. Holders of discounted Tickets are obligated to present, upon request, an ID or other proof to evidence their entitlement to be granted a price reduction. When the Arena is left, the Ticket ceases to be valid;
c) the Ticket must be presented to the holder of householders rights or its authorised representatives (e.g. security guards) for inspection;
d) instructions by the police, security guards, stadium management and the organiser must be complied with; in particular, special requests to take a seat other than printed on the ticket – also in another sector. The Club reserves the right to allocate another equivalent seat to the ticket holder also for other reasons it is not responsible for;
e) security guards are entitled to conduct examinations and inspections of compliance with these GTC, specifically by body searches and check of receptacles brought along before and during the event;
f) the stadium and house rules and all other regulations passed to warrant safety must be strictly observed;
g) persons who apparently are drunk, under the influence of drugs, masked or behave violently or contrary to public order, or who give the impression that they might behave in this way, may be denied access to the Arena or may be expelled from the Arena;
h) it is not permitted to bring along the following objects: weapons, objects that may be used as weapons or projectiles, caustic and/or highly flammable substances, bottles, cans, mugs, jugs, torches, fireworks, smoke candles, flares, bulky items, alcoholic beverages, illegal drugs, animals, objects suited to inappropriately impair other visitors, players or officials.
i) promotional, commercial, political or religious objects of any type, including banners, signs, symbols and leaflets, are not permitted and must not be brought inside the Arena. Specifically, bringing along and demonstrating racist, xenophobic and extremist right-wing means of propaganda of parties or associations declared unconstitutional; expressing or spreading contemptuous, racist, xenophobic, politically extremist, obscene offensive or provocatively insulting or right-wing slogans as well as extreme right-wing actions, in particular showing and using national-socialist slogans (§ 86a StGB) and attending events for racist and xenophobic motives are prohibited.
14.2 The Ticket purchaser/holder is aware that non-compliance with these instructions may lead to the loss of the right of access without compensation and may have consequences under both civil and criminal law. Specifically, Article 7 of these GTC applies. The Tickets concerned cease to be valid and may be withdrawn or electronically blocked by the Club. In the event that the GTC or the stadium and house rules are violated, or in the event of acts pursuant to §§ 3, 27 of the Federal Law Concerning Assemblies (Versammlungsgesetz des Bundes) and of participation in incident-related criminal offences within or outside the Arena, a ban on entering the stadium or a house ban may be imposed. The ban on entering the stadium or a house ban may be imposed specifically on persons whose weapons or other dangerous objects were seized. The ban will be communicated to the persons concerned in writing.
15. Right to one's own image
Each Ticket holder/purchaser irrevocably agrees to the free use of his/her own image and voice for photographs, live transmissions, broadcasts and/or recordings of image and/or sound, which the Club or third parties authorized by the Club produce in connection with the event in any media, whether now know or hereafter devised. § 23 II KunstUrhG (Art and Copyright Law) is not affected by this provision.
16. Visual and sound recordings
(television, radio, Internet, print, photo etc.) with the prior approval of the Club and in the sectors specifically marked for media representatives. Ticket holders/purchasers are not allowed, without obtaining prior approval from the Club, to record sound, photos, videos, descriptions or results of the game, except exclusively for private, non-commercial purposes. Without the prior written approval of the Club, public distribution and/or reproduction of sound, photo, film or video recordings, in particular on the Internet or mobile telephones or the support of other persons in such activities is equally prohibited. Devices or facilities that may be used for such activities must not be brought to the Arena without prior approval of the Club.
17. Change of address
The customer is obligated to notify the Club of changes of the customer's residential or business address, as long as the contractual transactions have not been completely fulfilled by both parties. If this notification is not made, communications are considered received also if sent to the last address indicated.
18. Stadium/house rules
The customer and/or visitor of the Arena declares to be bound by the applicable stadium and house rules.
These General Terms and Conditions are available in English and German. In case of deviations in the two versions, the German version shall prevail.
20. Alternative settlement of disputes under the Consumer Dispute Resolution Act ("Verbraucherstreitbeteiligungsgesetz")
We refer to the fact that we are neither willing nor obligated to participate in a dispute resolution procedure before a consumer conciliation board.
21. Choice of law and jurisdiction
Regarding delivery, service and payment, the sole place of fulfilment is the registered office of the Club. German law applies. Applicability of the UN Convention on Contracts for the International Sale of Goods is excluded explicitly. The contractual parties agree on German domestic jurisdiction. If the transaction is not a consumer transaction, the court having subject matter jurisdiction is agreed as exclusive legal venue.
February 22nd 2017