Ticketing – General Terms and Conditions

Preface

Last Updated: May 28, 2021

Please read these Terms of Service (or “Terms” in the following) carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the services of B.A.M Ticketing GmbH, you agree to comply with and be bound by these Terms, as applicable to you.

B.A.M Ticketing GmbH is not the operator of the events offered through its web and mobile services. The organization of these events and issuance of tickets are done by the event’s respective operators. All services associated with visiting the event are only the operators’ liability who is responsible to the ticket holder (the end customer). The resulting contractual relationship is subject to the operator’s general terms and conditions. B.A.M Ticketing GmbH is only the ticket provider.

Regarding the ticket purchase, the customer enters a contractual relationship with CTS Eventim Austria GmbH.

Area of application

1.             Only the following terms and conditions apply to B.A.M Ticketing GmbH for all contracts regarding events with a physical or virtual presence in case of streaming events and orders placed regarding the supply of tickets.

2.            The use of personal data is regulated by the data privacy statement of B.A.M Ticketing. The data privacy statement is an integral and binding part of the general terms and conditions at hand.

Conclusion of contract

3.            Only an offer of entering into a contract is made to the customer when he clicks the “Buy now” button or similar. The legally binding contract between the customer and a contract partner (e.g. operator, organizer, or B.A.M Ticketing GmbH) is only concluded once B.A.M Ticketing GmbH (“ticketing company”) assigns and sends the customer a confirmed transaction number.
Contrary to this, when advance payment is used as the mode of payment, the contract is concluded when B.A.M Ticketing GmbH mails a confirmation of receiving the complete payment.

4.            No responsibility is taken for the correctness of the data shown on B.A.M Ticketing GmbH’s web presence or mobile applications.

Cancellation

5.            B.A.M Ticketing GmbH reserves the unilateral right to cancel a customer’s order or contract if the customer violates conditions set by the contractual partner (e.g. orperator, organizer) or by the B.A.M Ticketing GmbH, to which reference was made in the context of advance sales, or if the customer attempts to circumvent conditions (e.g. violation of the limited number of tickets per customer, violation of documentary conditions, especially violation of a ban on reselling, attempt to circumvent these conditions by means of registering and using several user profiles, etc.).
Cancellation/withdrawal may also be declared by means of crediting the amounts paid. According to § 18 paragraph 1 line 10 FAGG, customers do not have a right of withdrawal.

Price components and methods of payment

6.            Ticket prices may exceed the ticket face value printed on the tickets. Depending on the event and ordering method, payments may be made by credit card, advance payment, online banking, or via invoice. The VAT is included in the price.

7.             If the customer opts for payment by credit card or online banking, the total price for the order including all fees is due for payment immediately upon conclusion of the contract.

8.            If the customer chooses advance payment, the total amount must be received on a bank account specified by B.A.M Ticketing GmbH latest by the due date. The customer is responsible for any delay in payment transactions as the due date concerns the actual receipt of payment not the transfer date.

9.            If the customer chooses to pay via invoice, the amount of the invoice is due for payment by the calendar day specified on the invoice (10 calendar days after the billing date). Payment via invoice is not available for all offers.

10.          All payments are processed by Stripe, Inc. 510 Townsend Street San Francisco, CA 94103, USA. Tickets only become valid upon completion of payment.

11.           When ordering online, service and shipping costs are incurred and vary depending on the event. These fees are displayed in the customer’s shopping cart. Apart from the fees displayed in the shopping cart, there are no further costs.

Set-off of counter-claims

12.          The customer only has a right to set off any counter-claims if they have been established in a legally binding way, or are undisputed or acknowledged by B.A.M Ticketing GmbH. The customer may only have a right of set-off if and to the extent that his counter-claims are based on the same contractual relationship.

Shipping and ticket usage

13.          PDF tickets are sent via e-mail and digital tickets are delivered to the wallet app of B.A.M Ticketing GmbG. We advise being cautious when ordering digital tickets to prevent data loss.

14.          Tickets must not be misused, copied, or changed.

15.          When entering a venue, the principle of first entrance applies. The first ticket to be accepted through its non-ambiguous identification is the valid one. Later tickets with the same identification are automatically devalued when the first ticket is admitted.

16.          Upon using the ticket, the visitor using the ticket also accepts the general terms and conditions of the contractual partner (e.g. operator, organizer) and the rules of the venue.

The due date for invoice payments

17.           Invoice claims are due for payment on the calendar day specified in the invoice (due date).

Cancellation of events, changes, refunds

18.          In case of cancellation of an event or if the event does not take place, B.A.M Ticketing GmbH is not liable for any refunds. Applicable service fees, shipping, and other charges covering B.A.M Ticketing GmbH’s expenditures can not be refunded.

19.          The following applies if the operator instructs B.A.M Ticketing GmbH to refund and the respective amount is available to B.A.M Ticketing GmbH: the earliest date to return tickets is 21 days after the date the cancellation of the event and the return request has been announced. Mobile ticket and [email protected] ticket users will receive the respective amount only after the organizer has requested reimbursement in the same way they purchased their tickets. A mobile ticket is automatically invalidated in the course of this process.

20.          In the case of cancellation, postponement, or any other change of an event, B.A.M Ticketing GmbH reserves the right to inform customers who purchased tickets for this event. Providing this information is a voluntary service of B.A.M Ticketing GmbH and may be received by mail and/or electronically per e-mail or text message if the respective contact details are available to B.A.M Ticketing GmbH.

21.          The event performers cast and the program is subject to change, as long as the changes are reasonable, minor and objectively justified. This also applies to changes of stage construction (plans), as long as they were initiated or required by the promoter or artists. In case of a cancellation, postponement, or change, additional expenses (e.g. travel to the venue, hotel) will not be refunded.

Vouchers

22.          Any vouchers may only be spent with the voucher partners listed on www.bam.fan and for the services specified there. Vouchers are valid for distinct services only within 12 months (“validity period”) after the date of issuance (the date the voucher was purchased), unless a different date is specified on the voucher. The validity period is defined by the date printed on the voucher. The terms and conditions of the voucher partner apply as well as the terms and conditions stated on this voucher. Customers may contact the voucher partner to request their terms and conditions. If an appointment is bindingly agreed upon and the holder of the voucher fails to appear, the voucher expires without substitution. A voucher cannot be replaced in case of loss, theft, or invalidation. A voucher cannot be returned or exchanged. Commercial resale of vouchers is prohibited.

23.          B.A.M Ticketing GmbH is only the provider for service vouchers and only the agent for value vouchers. In case of cancellation or if the event does not take place, B.A.M Ticketing GmbH is not liable for refunds. In case of cancellation, postponement, or any changes, expenses (e.g. travel expenses, hotel) will not be refunded.

Limitation of liability, exclusion of withdrawal in case of certain breaches of duty

24.          B.A.M Ticketing GmbH is unrestrictedly liable in all cases following the Product Liability Act only for damages caused intentionally or through gross negligence, in the case of malicious concealment of defects, and for damages resulting from injury to life, health, and physical injury. Liability for damages from breach of warranty is also unlimited.

25.          In the case of a breach of significant contractual obligations (so-called cardinal obligations) that are only based on simple negligence, B.A.M Ticketing GmbH shall be liable limited to compensation for foreseeable losses typical for this type of contract.

26.          Apart from the cases stated in paragraphs 1 and 2, B.A.M Ticketing GmbH shall not be liable for losses caused by simple negligence.

27.          The customer’s right to free himself/herself from the contract due to a breach of obligation for which the promoter or B.A.M Ticketing GmbH is not responsible and in which the goods are not damaged is ruled out.

28.          If the liability of B.A.M Ticketing GmbH is ruled out or limited under the paragraphs above, this also applies to the liability of their agents and assistants.

Final Clauses

The same general terms and conditions apply for the subsidiaries as well as for the license holders of B.A.M Ticketing GmbH sales software, as far as sales via the B.A.M Ticketing system are concerned. The general terms and conditions of B.A.M Ticketing GmbH’s partner companies and subsidiaries abroad are available on their respective websites. For business customers, the place of jurisdiction is the responsible court in Vienna. For private customers, the place of jurisdiction is the responsible local court.