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Terms of Service

The events offered via the ticket service "TicketMachine" of NET-UP AG are carried out by the respective organizer, who is also the issuer of the tickets. NET-UP AG itself is not an organizer. A contractual relationship through the acquisition of the admission ticket with a view to attending the event is only established between the card holder (customer) and the respective organizer. The organizer's own general terms and conditions may apply to these legal relationships.
NET-UP AG acts as a broker or commission agent and sells the tickets on behalf of the respective organizer, unless it is explicitly identified as the organizer in individual cases. By ordering tickets via the NET-UP AG ticket service, the customer instructs them to process the ticket purchase and, if necessary, include the possible shipping.

Scope

  1. These general terms and conditions apply to all services of NET-UP AG in connection with the reservation, sale and delivery of tickets, vouchers and possibly other items. They apply to the entire online offer of the ticket service of NET-UP AG, as well as for telephone orders via the telephone service mentioned on their website.
  2. If the customer registers on the NET-UP AG website or carries out an order process even without prior registration, the customer accepts the validity of these general terms and conditions.
  3. No liability is assumed for the correctness of the data contained in the NET-UP AG website.

Conclusion of contract and payment

  1. The customer makes the offer to conclude a contract as soon as he clicks the button to conclude the purchase or confirms the order verbally on the phone. If a booking can be made, a booking number will be assigned. By assigning this booking number, a contract is concluded between the customer and the respective organizer and the booking is thus binding. If the customer has chosen the payment method prepayment, the contract is only concluded when full payment has been received.
  2. If the customer registers on the NET-UP AG website or carries out an order process even without prior registration, the customer accepts the validity of these general terms and conditions.
  3. No liability is assumed for the correctness of the data contained in the NET-UP AG website.

Cancellation

  1. NET-UP AG is entitled to cancel an order if the customer violates or tries to circumvent the specific conditions set by the respective organizer and / or NET-UP AG (e.g. the restriction of the admissible ticket quantity per customer; compliance with document conditions, in particular the ban on resale; registration and use of multiple user profiles, etc.). The declaration of cancellation or withdrawal can also be made conclusively by crediting the amount paid.
  2. Sections 346 ff. BGB (excluding § 350 BGB) apply to the aforementioned right of withdrawal.

Card dispatch and delivery

  1. Paid tickets will be sent to the customer by post. Alternatively, the tickets for selected events are deposited at the box office for collection or can be printed out directly on the Internet. The tickets are sent at the customer's risk, the sender's liability only extends to the scope of liability of Deutsche Post AG for the respective form of dispatch.
  2. In the case of cards purchased on the Internet and printed out on your own printer, the card buyer must ensure that no unauthorized person can obtain the cards after printing and that the cards are not printed multiple times or reproduced in any other way. In the event of duplication, the card buyer is liable to the organizer for the demonstrable damage.
  3. Immediately after receipt of the tickets, the customer is obliged to check the correctness of the number and prices, date, time, event and event location. Complaints about faulty tickets must be made immediately after receipt of the shipment. The complaint must be made in writing to NET-UP AG, Dachauer Str. 272, 80992 Munich. The incorrectly issued cards must be enclosed with the letter.

Payment and chargebacks / chargebacks

  1. NET-UP AG collects credit card payments and direct debit orders from customers in its own name and for the account of the respective organizer. If the payment is not received due to a rebooking of a properly made direct debit, the organizer is entitled to withdraw from the contract.
  2. In the case of SEPA direct debits, the customer agrees that the due date will be announced separately and the advance notice can be given no later than one working day before the due date. The direct debit takes place on the following working day if the due date is not a working day. The customer forwards the information about the due date to the relevant account holder if this is different.
  3. If the customer is in arrears with direct debits that have not been executed by his bank or credit card payments that have not been executed or debited back, the organizer is entitled to demand the bank charges incurred plus reasonable processing costs. As a result of a payment canceled by the customer or his bank, NET-UP AG sends a payment request to the email address specified by the customer. If the paid amount is not paid in full within the specified period, NET-UP AG is entitled to withdraw from the purchase contract on behalf of the organizer, to validate the tickets and to return them to the pre-sale. However, NET-UP AG continues to be entitled to payment of the contractually agreed fees. Any further claims for damages by NET-UP AG and the respective organizer from their contractual relationship remain.

Warranty

  1. Warranty claims by the customer with regard to the provision of services mediated by NET-UP AG on behalf of the respective organizer exist only against this organizer. In particular, NET-UP AG is not liable for the actual execution of the event or for the reimbursement of ticket prices paid in the event of canceled or postponed events. NET-UP AG is also not liable for any damage resulting from this.

Right of withdrawal and return

  1. Pursuant to Section 312g (2) Sentence 1 No. 9 of the German Civil Code, there is no right of withdrawal for consumers in the case of contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. If NET-UP AG offers services in the area of ​​leisure events on behalf of the organizers, in particular tickets for events, there is no right of withdrawal.

    Cancellation
    Withdrawal

    You can cancel your contract declaration within one month without giving reasons in text form (e.g. letter, fax, email) or - if the thing is left to you before the deadline - you can also return it. The period begins after receipt of this instruction in text form, but not before the contract is concluded and also not before the recipient receives the goods (in the case of recurring deliveries of the same type, not before receipt of the first partial delivery) and also not before fulfilling our information obligations under Article 246 § 2 in Connection with § 1 Paragraph 1 and 2 EGBGB as well as our obligations according to § 312g Paragraph 1 Clause 1 BGB in connection with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation or the item in good time. The revocation must be sent to:

    By post to: NET-UP AG, Dachauer Str. 272, 80992 Munich

    Consequences of Withdrawal

    In the event of an effective revocation, the services received on both sides must be returned and any benefits (e.g. interest) drawn must be surrendered. If you are unable to return or return the received performance and uses (e.g. benefits of use) or only partially or only in a deteriorated condition, you must compensate us for the value. This can lead to you nevertheless having to fulfill the contractual payment obligations for the period up to the revocation. You do not have to compensate for any deterioration caused by the intended use of the item. You only have to compensate for the value of the drawn uses if you have used the goods in a way that goes beyond checking the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 40 euros or if you have not received the consideration or a higher price for the item at the time of the cancellation have made a contractually agreed partial payment. Otherwise, the return is free for you. Items that cannot be sent as parcels will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their receipt.

    End of cancellation policy

  2. In addition, there is no right of withdrawal if the supplied data carriers have been unsealed when audio or video recordings are delivered.
  3. The exchange of tickets is excluded.

Liability

  1. In any case, NET-UP AG is liable without limitation according to the Product Liability Act, for damage caused intentionally or through gross negligence, for fraudulent concealment of defects, as well as for damage to life, limb or health. Liability for damage from breach of a guarantee is also unlimited.
  2. In the event of a breach of essential contractual obligations (so-called cardinal obligations) that is based only on simple negligence, NET-UP AG is only liable for the replacement of the foreseeable, contract-typical damage.
  3. Except in the cases mentioned in paragraphs 1 and 2, NET-UP AG is not liable for damage caused by simple negligence.
  4. The customer's right to withdraw from the contract due to a breach of duty that is not the fault of the organizer or NET-UP AG is excluded.
  5. Insofar as NET-UP AG's liability is excluded or limited according to the preceding paragraphs, this also applies to the liability of its vicarious agents.

Dispute settlement procedures

  1. There is no obligation and no willingness to participate in a dispute settlement procedure before a consumer arbitration board

Final provisions

  1. The law of the Federal Republic of Germany applies exclusively.
  2. The sole place of performance for delivery, performance and payment is Munich, provided the customer is an entrepreneur i.S.v. § 14 BGB is.
  3. If the customer is a merchant, the exclusive (including international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Munich. In the case of cross-border contracts, this also applies to non-traders. NET-UP AG reserves the right to appeal to any other court with international jurisdiction.
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