general terms and conditions
General Terms and Conditions for the Purchase and Use of Day Tickets for Attending Football Matches of 1. FC Köln at the RheinEnergieSTADION
1. Applicability of the General Ticket Terms and Conditions
1.1 These General Ticket Terms and Conditions (hereafter: GTTC) shall apply to all legal transactions performed for the acquisition and/or use of day tickets (hereafter: "tickets") of 1. FC Köln GmbH & Co. KGaA (hereafter also: 1. FC Köln), Franz-Kremer-Allee 1-3, 50937 Cologne, Germany. These GTTC shall apply especially to the attendance of football matches of the team of 1. FC Köln (hereafter: team) at the RheinEnergieSTADION (hereafter: stadium) organized by 1. FC Köln at least in part and to access to and staying at the stadium. Any general terms and conditions of the customer shall only apply with the express permission of 1. FC Köln. In accordance with Section 126b of the German Civil Code [Bürgerliches Gesetzbuch], permission must be issued in text form.
1.2 If the ticket includes claims to transportation through the means of transportation of the transport association "VRS," a transport contract shall be established between the user and the transport company against whom the claims are asserted and in whose name the 1. FC Köln shall collect the share of the transportation costs included in the ticket. The applicability of any transportation terms of the transport company shall be noted.
2. Contract Conclusion
2.1 Tickets may be ordered by telephone or by mail, at a point of sale authorized by 1. FC Köln or through the online order system of 1. FC Köln.
2.2 By placing an order, the customer shall submit a binding offer for the conclusion of a ticket contract (offer).
2.3 To place an order through the online order system of 1. FC Köln, the customer must first register at www.fc-tickets.de or log in using his personal password. The customer must keep his password secret. The customer must change his password immediately if there is reason to believe that an unauthorized person has obtained knowledge of it. Employees of 1. FC Köln or its technical service providers may not ask the customer for his password. Should the customer forget his password, he may request a new password through the "Forgot Password?" function. To submit an offer for the conclusion of a ticket contract, the customer must activate the respective online command by stating his personal data and, if necessary, his membership/customer number (offer).
2.4 Following a review, 1. FC Köln may accept the offer of the customer by issuing an express declaration (declaration of acceptance). Only upon receipt of the declaration of acceptance of 1. FC Köln by the customer shall a ticket contract be established between 1. FC Köln and the customer (contract conclusion) (hereafter: "ticket contract"). Should the customer place an order through the online order system of 1. FC Köln, 1. FC Köln shall directly confirm the order of the customer by sending him an email with an invoice. This confirmation shall constitute the order acceptance by the 1. FC Köln.
2.5 Up to ten tickets may be purchased when placing individual orders by telephone or through the online order system of 1. FC Köln. 1. FC Köln may only offer tickets for individual matches entirely or partly to members of 1. Fußball-Club Köln 01/07 e.V. and/or limit the number of tickets that may be purchased by individual customers for specific matches (e.g., to one, two or four tickets per customer). Customers can obtain according information at points of sale of 1. FC Köln, when placing orders by telephone and on the homepage of the online order system of 1. FC Köln.
3. No Right of Withdrawal
The customer shall receive no legal right of withdrawal. This shall also apply if the customer is a consumer of the sense of Section 13 of the German Civil Code and a ticket contract was concluded through (partial) use of means of distance communication (Sections 312g and 355 of the German Civil Code), since ticket contracts provide services related to leisure activities for specific dates (respective match dates) for which no rights of withdrawal exist (Section 312g (2) No. 9 of the German Civil Code).
4. Ticket Price, Payment Method and Shipping
4.1 The ticket price amount shall follow the price list currently valid at the time of contract conclusion. 1. FC Köln shall charge further fees in accordance with the price list for the conclusion and administration of the ticket contract and mailing. 1. FC Köln may grant discounts and preferential conditions to members of certain groups, such as persons with disabilities, youths under 18 years of age, etc. Customers eligible for discounts must always be able to present confirmation when attending football matches at the stadium.
4.2 Tickets shall only be shipped or handed over if paid for in advance, i.e.,—depending on the order form—payment in cash or by SEPA Direct Debit, EC/Maestro card or credit card. 1. FC Köln shall select the carrier.
If payment is made via SEPA Direct Debit, upcoming direct debiting will generally be announced by 1. FC Köln with the invoice (or exclusively by email if selected by the 1. FC Köln) by at least one calendar date prior to the direct debit becoming due (pre-notification). The charge will be made on the date of maturity stated on the invoice. Should the account holder differ from the customer in an order, a pre-notification shall be sent to the customer. The customer must notify the account holder of the upcoming direct debit. The customer must ensure that the account is covered. Costs resulting from non-payment or charge backs for the direct debit shall be borne by the customer, unless the customer is not responsible for the non-payment or the charge back.
4.3 Should the payment not be performed successfully for reasons for which the customer is responsible (e.g., lack of credit or account coverage, false statements by the customer or charge backs), 1. FC Köln may cancel the order or block the respective tickets electronically; the respective tickets shall lose their validity. Any resulting additional costs must be borne by the customer. 1. FC Köln shall reserve any assertion of damage compensation claims.
The above-stated regulations shall also apply if
a) the customer already sold or offered tickets to football events to third parties without authorization in contradiction of the respective contractual regulations, in case of tickets for matches of the 1. FC Köln, especially in violation of the regulations of Section 6 Letter a); and/or
b) outstanding invoices from ticket orders remain in one or several customer accounts of the customer; and/or
c) if the customer is banned from entering the stadium. The customer must notify the 1. FC Köln without delay if such a stadium ban is issued against them.
4.4 If an order is placed on such short notice that it cannot be guaranteed that the tickets can be shipped to the customer in time before the respective home match of the 1. FC Köln, the 1. FC Köln may deposit the respective ticket at the TicketPoint of the stadium. The respective ticket will only be handed over to the customer in person after he presents valid German ID or comparable documents. A handover to third parties is only possible with written authorization by the customer for the third party.
5. Granting and Extent of Visitor Rights
5.1 By concluding a contract, the customer shall acquire the right to use the standing location or seat designated on the ticket to the home match of the team at the stadium in accordance with these GTTC in exchange for showing his ticket (hereafter: visitor rights).
5.2 1. FC Köln shall fulfill its obligations towards visitor rights of customers by granting the customer one-time access to the stadium and allowing him to take his seat. 1. FC Köln shall also be released from its service obligations towards the customer if 1. FC Köln grants access to stadium and allows a third party who presents the ticket of the customer to take his seat.
5.3 When exercising their visitor rights, customers may only take their designated seats. By order of 1. FC Köln or the security staff, visitors must take other approximately equal seats at the stadium during the home match if required for security at the stadium and if tolerable to the customer. No compensation claims shall be granted in such cases.
6. Prohibition on Resales and Transfers
In order to prevent violence and crime during stadium visits, enforce stadium bans, separate fans of rival teams, prevent resales of tickets at inflated prices, especially to prohibit ticket speculation, and to secure a broad supply of tickets to fans at socially acceptable prices, it is in the interest of 1. FC Köln and of the security of spectators to limit ticket transfers.
a) Prohibited transfers: Tickets are sold exclusively to be used privately, not commercially by the customer; any commercial resale of tickets by the customer shall be prohibited. They customer may especially not
aa) offer tickets publicly, at auctions (especially on the Internet, e.g., on eBay) and/or on sales platforms not authorized by 1. FC Köln (e.g., viagogo, seatwave),
bb) sell tickets at a price greater than the price the customer paid; however, a surcharge of up to 15% for transfer costs shall be permitted,
cc) transfer tickets regularly and/or in greater quantities on a day of a match or over several match days,
dd) sell or transfer tickets to commercial resellers and/or ticket merchants,
ee) use or have tickets used commercially without prior written permission by 1. FC Köln, especially for advertising purposes, marketing, as bonuses, advertising presents, prizes or as part of an unauthorized hospitality or travel packages,
ff) transfer tickets to persons banned from the stadium if the customer was or should have been aware of the ban,
gg) transfer tickets to fans of guest clubs if the customer was or should have been aware of this.
b) Prohibited transfers: Private transfers of ticket for non-commercial reasons, especially in individual cases due to illness or other inability of the client to attend, shall only be permitted if no case of a prohibited transfer in the sense of Section 6 Letter a) is present and
aa) the transfer is performed via the official secondary market platform of 1. FC Köln (www.fc-tickets.de) and according to the manner specified on the secondary market platform; or
bb) the customer expressly notes the applicability and the contents of these GTTC to the recipient and new ticket holder prior to the transfer and the latter agrees to the applicability of these GTTC between him and 1. FC Köln.
If the customer received a discount, the ticket may only be transferred to a third party if the third party is also eligible for the discount.
c) Measures in case of prohibited transfers : In case of one or several violations of Section 6 Letter a) and/or other unauthorized transfers of tickets, 1. FC Köln may
aa) not deliver tickets to the respective customer used prior to being handed over or mailed to the customer in violation of this Section 6,
bb) block the respective tickets and deny entry to the stadium to the ticket holder without compensation or expel him from the stadium,
cc) exclude respective clients from ticket sales for an appropriate period, though not for more than five years; the duration of the exclusion shall be determined by the number of violations, the number of offered, sold, transferred or used tickets and any proceeds generated through resales.
7. Returns and Reissues
7.1 Should tickets display visible defects, they must be returned by the customer within two weeks of receipt. Defects in this sense shall especially include erroneous print images and visible damage to or destruction of the ticket. In the case of justified returns made on time, 1. FC Köln shall issue a new ticket to the customer free of charge in exchange for the returned ticket.
7.2 1. FC Köln must be notified without delay of any loss or damage to the ticket. 1. FC Köln may block the ticket directly after receiving such notification. After blocking the tickets and following a legitimacy test by the customer, the ticket shall be reissued and shipped. 1. FC Köln may charge a processing fee for the creation and shipping of the new ticket in accordance with the price list. The regulations of Section 4.4 shall apply accordingly.
8. Scheduling and Replays
8.1 Should a scheduled home match be postponed on short notice due to specifications of the relevant football associations or authorities, tickets shall retain their validity for the respective home match. In this case, the customer may not claim reimbursement for the ticket price. Should the venue of the home match be moved due to specifications of the relevant football associations or authorities, 1. FC Köln shall strive to allow access to the customer to the new venue. Should this not be possible, e.g. due to local conditions, 1. FC Köln shall reimburse the affected customer for the ticket price.
8.2 Should a home match be cancelled or should a home match be played under partial or complete exclusion of the public, e.g. due to sanctions enacted by a football association or its sport's jurisdiction (e.g. due to spectator misbehavior) or a decision by a public authority (hereafter: spectator exclusion) and should this prevent the customer from exercising his visitor rights, 1. FC Köln shall
a) if possible (e.g., in case of partial spectator exclusion), assign another, approximately equal seat at the stadium to the customer; or
b) refund the ticket price.
The selection of the measures offered by Letters a) and b) shall be at the discretion of 1. FC Köln. However, the customer may neither demand assignment of another seat at the stadium nor a refund if 1. FC Köln is not responsible for the spectator exclusion.
8.3 Should a home match be cancelled prematurely, the customer may claim no (partial) reimbursement for the ticket price or other compensation.
8.4 Replays shall be considered new events. In such cases, the customer may not claim reimbursement for the ticket price or other compensation, even if they did not exercise their visitor right for the original match.
9.1 1. FC Köln, its legal representatives and/or vicarious agents shall only be liable for damage compensation, for whatever reason, in the case of intent or gross negligence or—then limited to foreseeable typical contractual damages at the time of contract conclusion—in case of a breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment make orderly contract implementation possible, whose violation threatens achievement of the contract object and onto whose adherence the customer may regularly rely.
9.2 The above-stated liability limitation shall not apply to damage compensation claims due to injuries to life, the body or one's health. Furthermore, the liability limitation shall not apply to damage compensation claims due to violations of guarantee assumptions or assurances. Finally, liability under the German Product Liability Act [Produkthaftungsgesetz] and due to other acts constituting relevant statutory liability shall remain unaffected by the above-stated liability limitation.
10. Contractual Penalty
In the case of culpable violations by the customer of these GTTC, especially of one or several regulations in Section 6 Letter a) and Section 13, 1. FC Köln may, in addition to other sanctions permitted by these GTTC, charge the customer with an appropriate contractual penalty of up to EUR 2,500.00. The amount of the contractual penalty shall be determined by the number and intensity of the violations, the type and degree of violation (intent or gross negligence), attempts and success of the client regarding damage compensation, the question of whether and to what extent the customer is a repeat offender and, in case of an unauthorized ticket resale, the number of offered, resold, transferred or used tickets and any proceeds or profits generated through the resale, though it shall be noted that the contractual penalty may exceed the proceeds and profit generated through the resale.
11. Excess Proceeds Disbursement
In the case of unauthorized ticket transfers under Section 6 Letters a) aa) and bb) by the customer, 1. FC Köln may, in addition to a contractual penalty under Section 10 and in addition to other sanctions permitted by these GTTC, demand that the customer disburse any excess proceeds or profits in whole or in part to 1. FC Köln. Whether and to what extent excess proceeds must be paid by the customer shall be determined by the criteria in Section 10. 1. FC Köln shall use the received excess proceeds or profits for charitable purposes.
12. Right to One's Image
The customer shall irrevocably agree, in relation to a football match at the stadium, to have the image and sound recordings produced of him by 1. FC Köln or by an authorized third party commissioned by a co-organizer and, especially, by image and video journalists for the coverage of sports events and to their distribution and publication to maintain justified interests of 1. FC Köln through known or unknown usage types. However, this shall not apply if justified interests of the customer or of their relatives, if they passed away, will be thereby violated. The customer shall waive any compensation claims. This shall even apply if extraordinary proceeds or benefits are generated through the distribution. Relevant regulations under the general right of privacy in accordance with Section 23(2) of the German Visual Arts and Photography Works Copyright Act [Gesetz betreffend das Urheberrecht an Werken der bildenden Künste und der Photographie] shall remain unaffected.
13. Rules, Access and Behavior in the Stadium
13.1 Access and visits to the stadium shall be governed by the displayed Stadium Rules applicable to all events at the stadium in their respective current form. The Stadium Rules may be found on the Internet at www.fc-koeln.de/fc-info/stadion/rheinenergiestadion/stadionordnung/. By entering the stadium area, every customer agrees to the Stadium Rules and accepts them as binding for themselves. The Stadium Rules shall apply irrespective of the validity of these GTTC.
13.2 House rule enforcement shall remain reserved to 1. FC Köln or to third parties commissioned by 1. FC Köln at any time. Orders by 1. FC Köln, the police and/or the security staff must be followed at all times.
13.3 The customer may not bring or carry the following objects: Weapons and dangerous objects (e.g., bottles made of any material, other containers made of material that may splinter or is especially hard); pyrotechnic objects and oxidizing materials or materials that increase the fire load; bulky items; flags or sign poles not made of wood or longer than 1 m or whose diameter exceeds 2 cm; animals; mechanically operated noisemakers; sound and voice amplifiers; alcoholic beverages not acquired at the stadium or drugs of any kind. The regulations of the Stadium Rules shall remain unaffected.
13.4 The customer may not express or distribute any racist, xenophobic or extreme right-wing slogans; participate in contentious disputes or insult other persons; consume alcoholic beverages excessively or smoke on the stand; enter or climb buildings or facilities (e.g., fences, walls, barriers) not intended for the public and areas prohibited to spectators (e.g., the field, interior space, functional areas); throw objects; start fires, light or shoot fireworks or other pyrotechnic objects (or incite, prepare or support such actions, especially by concealing such actions through objects that block one's view, such as banners); sell goods or print material; distribute advertising material, such as goods samples or brochures, or perform collections of any kind; bring image or sound recording devices, including video cameras, or produce or commercially distribute image or sound recordings during the event or assist other persons with such activities without prior permission of 1. FC Köln or unless this is done entirely privately; display provocative behavior that may be suited for starting disputes with other spectators—the security staff shall assume that behavior is provocative if visitors to the home section of the stadium (South Stand, Blocks S1 to S16, and North Stand, N11 to N14) wear or display fan articles of the visiting team or wear or display fan articles of the home team in the visitors' section of the stadium (North Stand, N6, N15, N16, and East Stand, O11, O12); present oneself on the stadium premises in a manner suitable for concealing one's identity under the respectively current circumstances (face covering ban). The regulations of the Stadium Rules shall remain unaffected.
13.5 In case of a violation of the prohibitions in Sections 13.3 and 13.4, 1. FC Köln, the police and/or the security staff may especially confiscate any objects brought by the customer, deny the customer entry to the stadium premises and/or expel the customer from the stadium without compensation.
13.6 1. FC Köln may be fined and/or have sanctions enacted against it by the relevant associations for violations of the prohibitions in Sections 13.3 and 13.4 by one or several spectators, especially for using Bengal lights and/or other pyrotechnic objects. 1. FC Köln may purse recourse against those responsible or seek compensation for damages resulting from sanctions. Should several parties be responsible, they shall act as joint debtors in the sense of Section 421 of the German Civil Code which shall allow 1. FC Köln to assert claims against a demonstrably identified individual party responsible for the damages incurred by 1. FC Köln for entire fine or the entire sanction if a causal connection existed between the contributions of the individual responsible parties.
13.7 The DFB Regulations on Uniform Treatment of Stadium Bans shall be agreed to as directly binding between the contract parties.
14. Privacy Notice
We adhere to statutory requirements for all data processing processes (e.g., collection, processing and transmission). Your data required for completing business transactions will be stored and transferred by us to commissioned service providers to the extent required for order processing. Should a federal stadium ban be issued, the name, date of birth, address and the reason for and duration of the stadium ban shall be transmitted to the DFB, Otto-Fleck-Schneise 6, 60528 Frankfurt a.M., Germany, who shall provide this information to local stadiums for the enforcement of the ban.
15. Contact, Communication
15.1 Questions and other matters related to tickets of 1. FC Köln can be sent to:
1. FC Köln GmbH & Co. KGaA
50937 Köln, Germany
Tel.: +49 221 / 260 11 221
(at the local rate, additional rates will be charged for calls from mobile phones)
Fax: +49 221 / 716 16 319
15.2 Electronic form (e.g., email or through the online order system of the 1. FC Köln) shall generally be sufficient for communication between the contract parties of this contractual relationship, even regarding contract-shaping declarations.
16. Legal Form, Place of Fulfillment, Place of Jurisdiction and Severability Clause
16.1 The law of the Federal Republic of Germany shall apply. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Law) shall be excluded.
16.2 The exclusive place of jurisdiction for delivery, service and payment shall be Cologne.
16.3 If the customer is a merchant in the sense of the German Commercial Code [Handelsgesetzbuch], a legal person under public law or a special fund under public law, have no domestic place of jurisdiction or should his residence or habitual residence not be known when a suit is filed against him, the exclusive place of jurisdiction for any disputes from or in relation to the contractual relationship shall be Cologne. In case of cross-border contracts, the exclusive place of jurisdiction for any disputes from the contractual relationship shall also be Cologne.
16.4 Should individual clauses of these GTTC prove to be partially or wholly invalid, the validity of the remaining clauses or the remaining sections of such clauses shall remain unaffected. The parties shall replace an invalid regulation with a regulation that most closely approximates the economic aims of the invalid regulation. The same shall apply in case any gaps are discovered in these GTTC.
1. FC Köln GmbH & Co. KGaA
Valid: April 2017