general terms and conditions

Ticketing General Terms and Conditions


1. GTTC - Scope of validity

(1) Scope of application: These GTTCs apply to the legal relationship that is created by the purchase and/or the use of match day tickets and/or season tickets (together referred to as "Ticket" or "Tickets") of 1. FSV Mainz 05 e.V. (in the following "Club") or from Club authorized third parties ("Authorized Booking Offices"), in particular for the attendance at events (e.g. soccer matches) of which the Club is at least the co-organizer, as well as the admission to and the stay at the stadium of 1. FSV Mainz 05 e.V. ("Stadium"), unless other terms and conditions apply for the respective event ("GTC").

(2) Away game tickets: These GTTCs apply mutatis mutandis to the legal relationship that is created by the purchase and/or the use of Tickets that grant a right of admission to stadiums for away matches of the Club ("Away Tickets"), if and to the extent Away Tickets have been purchased from the Club or from Authorized Booking Offices. At the latest with admission to the stadium at away matches further regulations or terms and conditions may apply, in particular the stadium rules or GTC of the home club. In the event of a conflict between the GTTCs and the regulations of the home club, the GTTCs shall have precedence.

2. Season Ticket

(1) Season Ticket: Generally season Tickets entitle the customer to attend those home matches of the Club in the Stadium for which he has acquired attendance rights. The customer receives the right to use the assigned seat/standing room stated on the respective season Ticket for all 17 championship matches of 1. FSV Mainz 05 e.V within the season from 01.07. of the respective year up to 30.06. of the subsequent year (first half and second half of the season), relegation matches are excluded. The season Tickets are issued in a personalized manner, the amount of the Ticket price depends on the Club's currently applicable price list. While the customer's seat is reserved for home matches, the DFB Cup, the UEFA Champions League, the UEFA Europe League and relegation matches, the customer has to pay for such matches separately, they do not form part of the season Ticket. Friendly matches and non-Club matches, like international matches also do not form part of this subscription. A right to reserve Tickets with regard to the aforementioned matches does not exist.

(2) Subscription: Season Tickets are purchased on a subscription basis. Minors can purchase season Tickets only with approval of their legal representative. Before the beginning of the new season, the new season Ticket is sent to the customer or it is activated on the 05er fan card, unless the customer terminates the subscription until 30.04. of the respective year. In the event that it is uncertain until 01.05. of a season in which league the 1. FSV Mainz 05 will play in the upcoming season, the termination period will be extended automatically. In this case the termination period shall end at the latest with the expiry of the seventh working day that follows the last Bundesliga match and or relegation match of the current season. The termination must be sent by registered mail to the address specified in clause 12 of the GTTCs. The time of the receipt of the termination by the Club is decisive. If the conditions for season Tickets change (e.g. pricing), the Club will inform the customer at the latest two weeks prior to the end of the termination period about the changes and the right of termination. If the Club does not receive the termination within the indicated termination period, the changes are deemed approved. At the end of the termination period, the purchase price for the respective season Ticket is due. Payment of the season Ticket shall be made exclusively via SEPA-Direct Debit. The validity of the subscription is subject to full payment of the invoiced amount to 1. FSV Mainz 05 e.V. In case of a failure to make such payment, the season Ticket will immediately be blocked and cancelled. In the aforementioned case the customer remains obliged to compensate 1. FSV Mainz 05 e.V. for any benefit already obtained, proportionally in accordance with the valid price list. The same shall apply in the case of invalidity of the subscription on the basis of clauses 9 and 11 in the GTTCs for reasons attributable to the customer. With his order and signing of the subscription contract the subscriber accepts expressly the attached GTTCs of the 1. FSV Mainz 05 e.V. as well as the stadium rules of the home ground of 1. FSV Mainz 05 e.V. The Club may terminate the subscription with effect as of 30.06. of the respective season. The termination notice of the Club has to be declared in writing by 30.05. of the respective year. For clarification it is pointed out that it is not necessary for the Club to indicate reasons for the termination.

3. Ticket Order

(1) Supply channels: Generally, Tickets for events are to be purchased only from the Club or the Authorized Booking Offices. Once placed, orders cannot be subsequently changed or cancelled.
(2) Online orders: For online orders the customer will be issued with a personal password in case he registers. The customer is responsible for ensuring that no unauthorized third party gains knowledge of his password. The customer is liable for the improper use by third parties in this regard, unless he is not responsible for the improper use. For orders made through the online ticket shop of the Club (www.mainz05.de), the binding offer to enter into a contract is made by the customer as soon as he places an order for the Ticket via the provided online command. Orders cannot be subsequently changed or cancelled. The confirmation email does not constitute the acceptance of the customer's offer, but is subject to availability and consideration of special circumstances (e.g. security aspects). The contract is only concluded effectively between the Club and the customer with dispatch (inclusive print@home-Ticket) or deposit of the Tickets (clause 6) on the basis of the GTTCs.
(3) Offline orders In case of offline Ticket orders, in particular through the Authorized Booking Offices or the ticket hotline, the contract is concluded with dispatch, handover, or deposit of the Ticket (clause 6) as set out in these GTTCs.
(4) Visiting Rights: If the visitor has received the Ticket from the visiting club, the contract is concluded with the Club at the latest with presentation of the Ticket at the Stadium entrance, in particular by inserting the Ticket into the readers.
(5) Restrictions: Each customer may only order the maximum number of Tickets designated for that particular event in the Club's online ticket shop ( www.mainz05.de ), regardless of the number of separate bookings made. Circumvention of this restriction by using different names is prohibited. (6) Choice of Ticket:If the customer's chosen category of Tickets is sold out and the customer has not specified another option, the Club is entitled to allocate Tickets to him in the next higher or lower category and/or to limit the number of Tickets, without giving prior notice.

4. Terms of Payment

(1) Ticket prices: The amount of the Ticket price depends on the Club's current price lists. Ticket orders will only be processed if they are paid in advance or with the accepted payment methods (e.g SEPA-Direct Debit, ec-cash, credit card, cash payment). In addition to the Ticket price, the Club may charge shipping costs in case of a shipment and/or a reasonable handling fee (e.g. advance booking fee).
(2) Cancellation: Should the payment fail for reasons attributable to the customer (e.g. insufficient account cover, chargeback or return debit) the Club is entitled to cancel the respective order without compensation or to electronically cancel the Tickets, respectively; the Tickets lose their validity. Costs arising as a result of the cancellation are to be reimbursed by the customer. The Club's right to claim damages shall remain unaffected.
(3) SEPA Direct Debit: If the customer gives a SEPA Debit mandate to the Club, the Club shall give notice of an imminent direct debit when rendering the invoice, by at least one calendar day before payment on the direct debit is due. The customer shall ensure that there are adequate funds on the account. Costs incurred by reason of non-payment or reversal of a direct debit shall be borne be the customer, unless the Club is responsible for the non-payment or reversal.

5. Discounted Tickets

The current – if existent official or formal – certification of discount must be shown at the time of booking of discounted Tickets and must be carried along on entry of the Stadium and shall be presented to the security staff upon demand. If the document is not carried along or is invalid, admission to the Stadium can be denied; the denied customer is not entitled to claim damages.

6. Delivery and Collection

(1) Delivery: Tickets are dispatched at customer's expense and risk, except where there is intent or gross negligence on the part of the Club or any person hired by the Club. The choice of shipping company is made by the Club.
(2) Collection: If a timely arrival of the Ticket at the customer's place in case of short term orders cannot be guaranteed, the Tickets can be deposited for pickup by the customer in the fan shop or at the day of the event at the venue (box office). The collection of the Tickets is only possible by the customer himself or a third party if expressively authorized to do so in writing by the customer upon presentation of an official identity document or other official document that enables identification. The Club may charge a reasonable handling fee for the deposit of the Tickets. The customer bears the risk of loss or damage to the Tickets before collection, unless there is intent or gross negligence on the part of the Club, its business representatives or its agents.

7. Complaints
(1) Complaints: Upon receipt the customer must check that the confirmation email and Tickets are correct with regard to amount, price, date, event and venue. Complaints concerning incorrect Tickets must be made immediately (within three business days) after receipt in writing by email, or by post to the contact address specified in clause 12. Decisive for proving compliance with the period for lodging a complaint is the postmark or the transmission report of the email. After expiry of the complaint period there is no right to revocation or to make a new order of Tickets.
(2) No Right to Revocation: Even if the Club offers Tickets by distance communication within the meaning of section 312c sentence 2 German Civil Code ("BGB"), there shall be no distance contract under section 312g sentence 2 no. 9 BGB. Accordingly there is no right to revocation and refund when purchasing a Ticket.

8. Returns/Refunds

(1) Returns and Refunds: Ticket exchanges are generally excluded. Ticket returns and refunds may be made on a case by case basis at the discretion of the Club as a gesture of goodwill. The Club will issue a replacement Ticket, for forgotten season and/or match day Tickets against a handling fee of 5.00 €, as well as for lost season Tickets against an admission fee of 10.00 €, provided that the Ticket can be blocked.
(2) Returns and Refunds: Ticket exchanges and returns are generally excluded. If a customer cannot use his Ticket due to personal reasons (e.g. illness) a passing-on of the Ticket is allowed by way of exception to a third party within the scope of the regulation under clause 9(3).
(3) Relocation or Abandonment: Where an event is moved in terms of time/date or location, in particular where the time/date of the game had not been finalized when the Tickets were ordered, the Tickets shall retain their validity. Under no circumstances, including when an event is abandoned, does a claim to refund of the Ticket price arise, unless the Club is proven to be at fault for moving the time/date/location of the event or for abandonment of the event.
(4) Replay Match: In case of a replay match, the replay match is considered a new event. The Ticket for the original event is not valid for the replay match and the customer is not entitled to a refund or other compensation.
(5) Abandonment of Games and Exclusion of the Public: If an event is cancelled without substitution or if by measures of a football association or a competent authority, a partial or total exclusion of the public ("matches played behind closed doors") is enforced, the Club is entitled to withdraw from the purchasing contract of one or several Tickets or to block season Tickets. At the discretion of the Club the purchaser shall either be refunded – in case of season Tickets proportionally – on the basis of the purchasing price of the cancelled event or shall receive a voucher in the amount of the respective Ticket price valid at the fan shop of the Club; handling and delivery fees are not included in the refund.

9. Transfer of Tickets

(1) Intent and Purpose: In order to prevent violence and criminal offences associated with Stadium visits, to enforce Stadium bans, for the separation of rival fans and to prevent resale of Tickets at inflated prices, in particular to avoid Ticket speculation and in order to achieve a widespread supply of Tickets at socially acceptable prices, it is in the interest of the Club and the spectators to restrict the resale of Tickets.
(2) Unauthorized Transmissions: The Tickets are sold exclusively for private not commercial purposes. Purchase for commercial (e.g. for profit) sales are not permitted. The Club reserves the right to sell Tickets for commercial purposes. The customer is in particular prohibited from:
a) offering Tickets for sale publicly, in auctions (in particular on the internet, e.g. on ebay) and/or sales platforms not authorized by the Club (e.g viagogo, seatwave etc.),
b) reselling Tickets at a price higher than the price paid; a surcharge up to 15% is permitted to compensate the transactional costs,
c) reselling Tickets regularly and/or in greater numbers, whether for one match day or several match days,
d) selling or passing Tickets to commercial or business resellers and/or Ticket agents,
e) using or permitting the commercial use of Tickets without the prior written consent of the Club, in particular for advertising purposes, marketing, as a bonus, as promotional giveaways, as prizes or as part of an unauthorized hospitality or travel package,
f) passing Tickets to persons who have been banned from the Stadium, if the customer was or must have been aware of this circumstance,
g) passing Tickets to fans from visiting clubs (in case of away matches to fans of the home club), if the customer was or must have been aware of this circumstance.
(3) Allowed Transfers: A transfer of a Ticket for non-commercial reasons is allowed, in particular in individual cases, due to illness or other hindrance of the customer, to the extent no case of unauthorized transfer in accordance with clause 9(2) is given, and
a) the transfer is conducted over the secondary market platform of the Club (www.mainz05.de) in the manner there described, or
b) the customer expressly informs the secondary purchaser and new ticketholder about the applicability and content of these GTTCs, the secondary purchaser agrees to the validity of these GTTCs between him and the Club and the Club is informed about the transfer and the identity of the new purchaser in a timely manner.
(4) Measures in Case of Unauthorized Transfer: In case of one or several violations against the regulations set out in clause 9 and/or other unauthorized transfers of Tickets, the Club is entitled to
a) cancel the delivery of the Tickets that have been used contrary to the regulations set out in clause 9 before handing over or dispatch,
b) block the relevant Tickets and to deny the ticketholder entry to or to expel him from the Stadium without compensation,
c) refuse future sales to involved customers for an appropriate period of time, at the maximum for five years; decisive for the length of the ban are the number of offences, the number of offered, sold, transferred or used Tickets as well as the profits achieved by the resale,
d) require the customer to pay proceeds or profits according to clause 14, provided that there has been a case of an unauthorized transfer within the meaning of clause 9,
e) no longer grant preferential rights to involved customers such as membership in the Club or in the official fan club of the Club and/or to discontinue the membership of involved customers.

10. Rights to One's Own Image

Each ticketholder irrevocably consents to the unpaid utilization of his/her image and voice for all current and future media for photographs, live transmissions, broadcasts and/or recordings of images and/or sound that is produced by the Club or its agents in connection with the event.

10. Stadium Rules

With the purchase, in particular orders by phone, the ticketholder confirms the "Stadium Rules" of the respective home ground of 1. FSV Mainz 05 e.V. and accepts them. The Stadium Rules of 1. FSV Mainz 05 e.V. can be viewed online at all times under: (/ www.mainz05.de

12. Contact

For general information or enquires about Ticket sales the following contact options can be used: 1. FSV Mainz 05 e.V., Isaac-Fulda-Allee 5, 55124 Mainz, Telephone: + 49 (0)6131-375500, Email: info@mainz05.de / www.mainz05.de

13. Contractual Penalty

(1) Prerequisites: In case of a culpable violation of the customer against the GTTCs in particular against one or several regulations set out in clauses 9 and 11, in addition to the other possible sanctions of the GTTCs, the Club is entitled to demand an appropriate contractual penalty of up to 2,500.00 € from the customer.
(2) Amount: Decisive for the amount of the penalty are the number and intensity of the offences, kind and degree of the fault (intention or negligence), efforts and successes of the customer or ticketholder concerning the damage reparation, whether the individual customer is a persistent offender and in case of unauthorized sales of Tickets the number of the offered, sold, transferred or used Tickets, as well as the profits achieved by the resale. For clarification it is pointed out that the contractual penalty can exceed the proceeds achieved by the unauthorized resale.

14. Payment of Profits from Unauthorized Sales

(1) Prerequisites: In case of an unauthorized transfer of Tickets under clause 9 of these GTCCs, in addition to imposing a contractual penalty under clause 13 of these GTTCs and other possible sanctions, the Club may demand the customer to pay any proceeds or profits achieved from the unauthorized sales of Tickets in whole or in part to the Club.
(2) Amount: Decisive for the question whether the profits are to be paid out, are the criteria set forth in clause 13(2) of these GTTCs.

14. Exclusion of Liability

The attendance at the Stadium is at one's own risk. The Club is liable, for whatever legal reason, only for damages which are caused by intent or gross negligence of the Club, its business representatives or its agents. Except in cases of willful conduct, the Club's liability is limited to payment of the usual, foreseeable contractual damages.

16. Data Handling/Data Protection

All personal data by the customer is processed and handled by the Club in accordance with applicable data protection law. The data, in particular name, address, telephone number, email, bank details, etc. are collected, processed and used by the Club in an automated procedure to the extent required for the conclusion, arrangement or amendment of the contractual relationship. The Club is entitled to share the data with a third party engaged to carry out the contract to the extent necessary to fulfill the contract.

17. Place of Performance/Jurisdiction

The law of the Federal Republic of Germany, excluding the UN Convention on Contracts (CISG), shall apply. For delivery, service and payment the exclusive place of performance is the Club's place of business. If the contracting party is a merchant as defined in the German Commercial Code (HGB), a legal entity or a special fund under public law, or it has no domestic place of general jurisdiction, or its domicile or usual place of residence is not known on commencement of proceedings, the exclusive court of jurisdiction for all disputes arising out of or in connection with this contractual relationship shall be the Club's place of business. Likewise, for all cross-border contracts the agreed exclusive jurisdiction for all contractual disputes is the Club's place of business.

18. Amendments and Changes

In case of a change in the market conditions and/or the law and/or the supreme judicial authority, the Club shall be entitled to complement and/or to amend these GTTCs and/or the relevant valid price list upon giving six weeks prior notice, provided that this is reasonable for the customer. The customer shall be notified of any amendment in writing or – if the customer previously agreed with this type of correspondence – by email. The additions and/or amendments are deemed to be approved if the customer has not expressed in writing or by email his disagreement with the additions and/or amendments within a period of six weeks after their receipt, provided that the Club expressly informed the customer of the possibility of such deemed consent. Any disagreement from the customer has to be submitted to the address stated in clause 12.

19. Severability

Should individual provisions of the GTTCs be invalid, either in whole or in part, this does not affect the validity of the remaining provisions or parts thereof. The parties are to replace an ineffective provision by one that most closely approximates the commercial purpose of the original provision. The same shall apply to any gaps in the GTTCs.

Mainz, May 2016, presidium of 1. FSV Mainz 05 e.V.

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