Terms and Conditions
The following Terms and Conditions apply to the entire online offer of www.kontramarka.com (hereinafter referred to as the Website or Operator). They also apply to telephone orders via the telephone number stated on the website, but also via the possibility of immediate contact with the customer service (chat, Skype, etc.) provided on the Website. Operator reserves the right to amend these Terms and Conditions at any time. The changes will come into force as soon as they are published on the Website. Operator reserves the right, at its sole discretion and without prior notice, to modify or discontinue the Website in whole or in part.
1. Contracting parties
Operator is not itself the Organiser of the events displayed on the Website, but merely sells the tickets or other services offered on behalf of the respective Organiser as an agent or commission agent. By purchasing the ticket, a contract is concluded between the Customer (Ticket holder) and the respective event Organiser, whereby the Terms and Conditions of the respective event Organiser may also apply to this legal relationship.
There is thus no contract between the Customer (Ticket holder) and the Operator in relation to the event visit. The respective event Organiser is exclusively responsible for the fulfilment of the services offered. The Operator shall therefore not bear the risk of insolvency of the event Organiser.
2. Conclusion of contract
2.1 The binding offer to conclude the contract is made by the Customer by correctly entering all necessary data in the order mask, confirming that the Terms and Conditions have been noted and accepted and by clicking the button “Complete Purchase”. The confirmation of receipt sent by the Operator by email together with the issued invoice constitutes an acceptance of the Customer's offer.
2.2 In the case of a telephone order, the Customer makes the binding offer by telephone. In the course of the telephone call, the Customer is informed of the total amount and the transaction number of the order, which constitutes acceptance of the offer on the part of the Operator. The Operator will additionally send the confirmation of receipt together with the invoice by email, if the Customer has provided his email data correctly and at all in the course of the telephone call.
2.3 After the Operator has accepted the Customer's offer, the Customer is obliged to accept and pay for the Tickets.
2.4 The Operator is entitled to cancel an order of the Customer for which a confirmation of receipt has already been issued (unilateral right of withdrawal) if the Organiser is not in a position to fulfil the services owed due to simultaneous incoming orders, sold-out contingents, force majeure or other reasons.
2.5 The Customer shall be responsible for the data entered by him online or transmitted by telephone regarding the desired event (event itself, date, location, place, etc.), his own person (name, contact details, etc.), as well as the order details (payments, delivery, etc.). The Customer is obliged to check the event data on the tickets for conformity with the order immediately after receipt of the tickets. The Operator must be informed immediately of any discrepancies.
2.6 In rare cases, the Operator reserves the right to exclude the Customer from concluding a contract. This may be due, for example, but not exclusively, to the Customer's payment history.
3. Information about events
3.1 The information about the events contained on the Website, such as the event location, event time, event content, etc., is provided to the Operator by the respective event Organiser without the Operator being able to check this information. Therefore, the Operator cannot assume any liability for the correctness of this information.
3.2 The hall plans displayed, if any, including those intended for seating selection, do not represent a true-to-scale illustration of the venue, but are merely for orientation purposes.
3.3 It is essential to check current event data, in particular on the day of the event, on the basis of the Organisers' or artists' internet offers or appearances or on the basis of other generally accessible sources and the daily press.
4. Right of withdrawal/cancellation
Pursuant to § 312g para. 2 no. 9 of the German Civil Code (BGB), the order of tickets for leisure events does not constitute a distance contract within the meaning of § 312b of the German Civil Code (BGB). Thus, the Customer's two-week right of revocation and return provided by law for distance contracts is excluded by a statutory exception.
Each order is therefore binding for the Customer after acceptance by the Operator. If, in the case of an order with payment in advance, no receipt of payment is ascertained after 5 working days, Operator shall be entitled, but not obliged, to withdraw from the contract and cancel the order. If the event takes place within the next 5 working days, this period shall be shortened to the extent that payment is to be ascertained before the start of the leisure event.
5. Payments and reservation of title
5.1 Payment can currently be made by credit card Visa and/or MasterCard, PayPal, Sofort (by Klarna) and Cryptocurrencies (Luna). If the order is placed by telephone, the payment method is always preselected as bank transfer (prepayment) and can later be changed by the Customer in his own Customer profile to credit card, Sofort (Klarna) or cryptocurrencies (Luna).
5.2 Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the Customer is already in default by missing the deadline.
5.3 If the Customer is in default of payment, the Operator is entitled to charge flat-rate reminder fees from the first reminder as default damages in the amount of EUR 5 per reminder. The Customer has the right to prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate.
5.4 The tickets remain the property of the Organiser until full payment has been made by the Customer. If a payment already made is charged back, the Customer is obliged to return the tickets immediately. In this case, the Customer shall also bear all costs incurred as a result of the chargeback.
5.5 Should payment be made from a foreign account or from an account with a currency other than euros, the Customer shall bear all costs associated with the transaction.
5.6 The dispatch of invoices, reminders, credit notes or other accounting-related correspondence shall be effected exclusively by electronic means.
The Operator grants the use of vouchers (also called voucher codes) previously defined by him on his site. Each voucher code represents a fixed voucher amount or a percentage discount. The voucher code must be entered during the ordering process. Subsequent use is not permitted. Offsetting only takes place with the ticket sum, but not with other services such as postage, shipping, etc. Each voucher or voucher code can only be used once, unless otherwise agreed. If a credit amount remains after this use, it will automatically expire in the case of one-time codes or can be used further in the case of debit codes. Each voucher code must be valid. If the voucher loses its validity, the possible amount automatically expires. A payout in parts or in total is excluded.
7. Shipping and delivery
7.1 The shipment takes place as a delivery of an electronic ticket (PDF) to the email address of the Customer, which was provided during the ordering process. Shipping to other than the provided email address is excluded..
7.2 The time of delivery depends on the respective delivery and payment method selected, as well as on the specifications of the respective Organiser. The delivery of the ordered tickets is initiated upon receipt of Customer's payment by the Operator, unless a different method of delivery has been agreed with the Customer. In deviation from this point, delivery may take place later if the Organiser specifies a later start of delivery. In this case, the Operator will endeavour to publish appropriate information on the Website.
7.3 If tickets that have been booked and paid for and are not to be collected at the box office are not received by you within 14 (fourteen) days of booking, please notify the Operator of this circumstance immediately.
7.4 If the tickets ordered are lost in transit, Operator will issue you with a replacement in the form of proof of payment, subject to the consent of the relevant Organiser, which you can claim from the Organiser on the day of the event. If the Organiser does not agree to this procedure, claims for loss of tickets must be made against the respective Organiser.
8. Non-availability of tickets
When tickets are ordered, it is not the Operator but the respective Organiser who becomes the contractual partner of the purchaser. If the Organiser is unable to provide the Operator with tickets for the execution of the concluded contract because the contingent of tickets is exhausted, the event is postponed or cancelled, or the tickets are not available for other reasons, the Operator can no longer execute the order on behalf of the Organiser. Operator shall inform the Ordering Party of this on behalf of the Organiser. Both the Operator on behalf of the Organiser and the Ordering Party may then withdraw from the contract.
9. Refund in case of cancelled / postponed events
9.1 In the event of cancelled or postponed events or in the event of the unavailability of tickets, the Customer shall only have claims for reimbursement of the price/amount paid against the respective Organiser. Existing claims are governed in detail by the law of Federal Republic of Germany or, if applicable, additionally by the Organiser's "General Terms and Conditions", insofar as these have become valid vis-à-vis the Customer. In this regard, the Customer should definitely obtain information from the website of the Operator or by telephone from the Operator.
9.2 If the Organiser has agreed this with the Operator in an individual case, the Website Operator shall handle the refund of the ticket price on behalf of the Organiser in the Organiser's name and on the Organiser's account. However, this does not entitle the purchaser to a refund from the operator.
The refund will normally include the ticket price plus delivery charges (with the exception of any additional charges arising from the fact that you have chosen a method of delivery other than the cheapest standard delivery offered by us). Amounts for additional services, such as confirmed post mail, credit card fees or other are not part of the refund, as these were not mandatory when the cards were ordered and represent payment for additional services. If the corresponding services were not provided, the buyer shall also be entitled to a refund for these.
9.3 The refund of the ticket price by the Operator is always excluded in the event of insolvency of the Organiser. In this case, the Customer may assert his rights against the Organiser directly or, if applicable, against the respective insolvency administrator.
9.4 If the refund is to be made by the Operator, the Operator reserves the right to make the refund in the same way as the deposit was made. This right will be exercised in accordance with technical availability, agreement with the respective Organiser and other circumstances.
9.5 If the Customer has received the hard tickets from the Operator (i.e. the opposite of eTickets), the refund will only be made after the hard tickets have been returned to the Operator. The Customer shall be entitled to prove the invalidity of the tickets in another way, such as by sending a photo in which the cut / torn tickets are clearly visible.
9.6 Tickets that have been brought to the Customer through a competition, raffle or similar marketing activity are excluded from exchange and/or refund.
If an event is defective and Operator is not responsible for this defect, warranty claims can only be asserted against the Organiser. Operator shall not be liable for the actual staging of the event or for the reimbursement of ticket prices paid in the event of cancelled or postponed events. Operator shall also not be liable for any damages arising or incurred as a result thereof.
Operator shall be liable for damages in accordance with the statutory provisions and only in cases of intent or gross negligence. The claim for damages for the violation of essential contractual obligations is, however, limited to the contract-typical and foreseeable damage.
The operator assumes no liability for the conduct of third party users. The Operator is not responsible for the actions and omissions of the venue, artists, Organisers or other third parties referred to on the Website or otherwise connected with this Website.
The Customer agrees that any communication with the operator or on the part of the operator can take place in electronic form - e.g. email. This applies in particular to details of the order, payment and the service ordered. The operator is not liable for cases in which communication was not possible due to the influence of third parties. This includes, among other things, email provider spam settings of the Customer.
11. Data protection
All data entered by the Customer (personal information, credit card and account information, etc.) will be treated confidentially. Data will not be passed on to third parties unless the data is required for the fulfilment of the order on the part of the contractual partners. Otherwise, the provisions of the data protection guidelines listed on the website shall apply.
12. Final provisions
Should individual or several points of these Terms and Conditions be or become invalid, this shall not affect the validity of the Terms and Conditions or the validity of the remainder of the contract.
The sole place of performance for deliveries, services as well as payments is Berlin, insofar as the buyer/customer is an entrepreneur. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Status 1st of April 2023