Условия и положения
General Terms and Conditions of VIP-Hospitality Sportainment GmbH for the sale of tickets
The following General Terms and Conditions apply for the sale of tickets by VIP-Hospitality Sportainment GmbH (hereinafter also being referred to as company), Hotterstrasse 5, 80331 Munich. The German text of these General Terms and Conditions is binding and rights cannot be derived from any translation.
1. Field of application
- The General Terms and Conditions shall apply to all services by the company in the framework of reservation/booking, sale and delivery of tickets. They apply to the online offers on www.vip-hospitality.de as well as for written and telephone orders.
- The client shall respect the validity of the company’s General Terms and Conditions by registration on the website www.vip-hospitality.de or by ordering process in written or telephone form.
- The Terms and Conditions shall also apply to all future orders at VIP-Hospitality Sportainment GmbH
- These Terms and Conditions shall apply exclusively. Deviating, opposing or supplementary General Terms and Conditions of the client shall not become a contract component unless they are expressly approved by the company.
2. Contractual relationships, ticket prices
- The Company is not itself the organizer of the events which are the subject of the tickets. By purchasing the tickets, contractual relationships with regard to the visit of the events are established exclusively between the respective customers and the organizer. If a ticket also entitles the holder to use it as a ticket for public transport, a separate contractual relationship exists between the customer and the public transport company, which is merely mediated by the Company, and to which the provisions of the public transport company apply.
- The ticket price invoiced to the customer by the Company is based on the basic price of the organizer (price printed on the ticket) plus an agency fee. Since the Company does not always receive the tickets directly from the event organizer, but also obtains them through its international partner network, the ticket price can be considerably higher than the price printed on the ticket by the event organizer, especially for very attractive and coveted events.
- The prices of the tickets indicated by the Company to the Customer include the advance booking fees, system fees, the price printed on the ticket and VAT. The Customer has no right to claim against the Company to know at what price the Company purchased the ticket.
3. Formation of contract
- All company information about tickets and ticket prices on www.vip-hospitality.de, in catalogues as well as advertisements shall only be an invitatio ad offerendum. With his order the client submits a binding offer with regard to the conclusion of Sale of the ordered tickets. Orders shall be exclusively accepted in written form via email, fax or letter but not online.
- The company shall check the availability of tickets (amount and category) the client has requested for. The contract of sale between company and client shall only become legally valid after the dispatch of a confirmation email, fax or letter by the company or – in cases of short-term orders – after the delivery of tickets to the client or his representative.
- If the requested amount or categories of tickets are not available the client may accept an alternative offer made by the company or cancel his order.
- The company shall exclusively offer tickets of a certain category. An order or reservation for certain seats or rows of this category are not possible.
4. Delivery and shipping costs
- Tickets shall be delivered (or deposited at the box office) by the company after payment by the client but never before the operator’s delivery of tickets to the company. Tickets delivered before payment shall remain in the ownership of the company until full payment.
- The Company alone decides which shipping company is commissioned. The shipping costs will be charged in addition to the ticket prices stated in Clause 2. The Company shall charge a flat rate shipping and handling fee of € 15.00 plus VAT for deliveries within the Federal Republic of Germany. For deliveries outside the Federal Republic of Germany, the Company may charge higher shipping costs.
5. Cancelation and exchange
- A cancelation, an exchange or a return of the ordered tickets is not possible.
- Tickets being lost or damaged during transport shall not be replaced by the company. The company also does not refund the money for tickets being lost or damaged.
6. Event organization, cancelation. postponement, internal, reorganization, and operator inability
- The company is not liable for the implementation, the course, the content and the quality of the respective event. The Company also does not assume any liability with regard to the correctness and completeness of the information provided on the website www.vip-hospitality.de on the event at the instigation of third parties.
- In case of rescheduling of events, the Company is entitled to declare the validity of the original tickets of the rescheduled event for the new, rescheduled date of the event. In such cases, it is not possible to return the tickets to the agent or to reverse the ticket purchase as a result of the rescheduling. The Company is not a direct contractual partner of the Event Organizer (Section 2.2).
- In case of cancellation of events or events that are not held for other reasons, any claims of the customer shall only be asserted against the respective organizer, in no case against the Company. The Company is not obliged to reimburse to the Customer the fees and sums of money collected for its own services and is not liable in case of changes in the cast of the events or in case of insolvency of the organizers.
- In case of cancellation of the event, the Company is not obliged to refund the fees and the amount of money received for its own services. In case of cancellation the customer has no claims against the Company. The customer's claims against the operator depend on the contractual agreement between the customer and the operator. In particular, the Company does not assume any liability in the event of the Operator's inability to perform.
- Sanitary Measures & Country Specific Regulations. All Ticket Holders are required to comply with all sanitary measures and guidelines in place at the Venue under COVID-19 or required for access to the Venue, including vaccinations and corona testing where applicable. In addition, the Terms and Conditions make it clear that Ticket Holders are required to comply with the specific government regulations that apply when entering the country in which the Event, is being held from abroad. Should a ticket holder violate these guidelines, regulations, rules, VIP-Hospitality GmbH is not liable for this circumstance and the possible exclusion from the event, the ticket holder is solely responsible for this and can also not demand a refund in the event of non-admission to the venue.
7. Choice of law
If permitted by law to do so, company and client agree upon the application of substantive German law and German civil procedure.
8. Severability clause
Should separate provisions of this agreement or of these general business terms and conditions be or become ineffective or impracticable in full or in part, the validity of the remaining provisions hereof shall not be affected. The contracting parties undertake to agree an appropriate regulation instead of the ineffective provision or to fill the loophole that, if legally possible, right from the beginning of the ineffectiveness and the loophole comes closest to what the parties had intended.
9. Privacy protection
By submitting his order the client shall agree that the company may use and save his data for the purpose of the orderly winding-up of this arrangement and the concluded agreements. The company shall be entitled to transfer all these data to his cooperation partners if this is necessary for the process of order, specifically for payments and shipping procedures.
General Terms and Conditions of VIP-Hospitality Sportainment GmbH as Travel Operator
§1 Offer and Conclusion of Contract
(1) All company information on www.vip-hospitality.de shall only be an invitatio ad offerendum. (2) By sending off the booking application the customer acknowledges a binding travel contract to the VIP-Hospitality Sportainment GmbH. The basis of this offer will be the travel description and supplemental information provided by VIP-Hospitality Sportainment GmbH for the respective trip, in so far as they have been made available to the customer. The booking can be issued in written form, by telefax or via E-Mail. Electronic bookings will be confirmed by VIP-Hospitality immediately when received. This confirmation does not yet confirm an acceptance of the contract. The contract between the company and the customer is completed by written confirmation of VIP-Hospitality.
§2 Prices and Terms of Payment
(1) The customer is obliged to pay the price for the booked and contracted travel services. (2) With receipt of the written travel confirmation and delivery of the certificate of insurance an advanced payment of 20% of the travel price becomes due as deposit payment. The payment for travel insurances becomes due immediately in full together with the deposit payment. (3) The remaining payment becomes due 28 days before data of departure. (4) Cancellation fees shall be payable immediately.
§3 Changes in Services and Prices
(1) Alterations or deviations of individual travel services from the agreed content of the journey, which are necessary after the conclusion of contract and which are not caused by the travel operator against an act in good faith are permitted as long as they are not substantial and do not compromise the overall arrangement of the booked trip. (2) In case of an alternation in travel services VIP-Hospitality shall inform the customer immediately. (3) In case of a major change in an essential travel service the party who has made the reservation is entitled to withdraw from the agreement without a fee or to demand participation in a journey of at least equivalent nature from the VIP-Hospitality program, to the extent that VIP-Hospitality is in position to offer such an alternative. The customer must assert these rights without delay against VIP-Hospitality after the latter’s declaration of the amendment of the travel service. (4) If the period between the conclusion of the Agreement and the fulfillment of contract exceeds 4 month and in case of the increase in transportation costs or charges for certain services, such as to change the port or airport fees VIP-Hospitality can raise the price of the travel package based on the following: a) In case of cost increases charged to the tour operator on a seat basis, the tour operator can charge the traveler the relevant increase; b) In other cases the additional transport costs charged by the transport provider per means of transport are divided by the number of seats for the contractual means of transport. c) The travel price will increase up to the resulting increased amount; in case of an increase of particular services such as airport costs etc. after the confirmation of contract. . A change in price is permitted only by the end 21st day before departure. In case of elevation of more than 5 per cent of the price of the journey the customer is allowed to terminate the contract without any fees or to demand a participation in a comparable journey, if VIP-Hospitality is able to offer such a kind of journey from their program. The customer must assert these rights without delay against VIP-Hospitality after the latter’s declaration of the elevation of price.
§4 Operating Air Carrier and Community List
(1) According to Regulation EG 2111/2005 (14.12.2005) the travel operator is obliged to inform the customer about the identity of the air carrier. If the air carrier is not yet confirmed at the time of booking VIP-Hospitality is obliged to inform the traveler about the air carrier that will probably operate the flight. As soon as the operating air carrier is confirmed VIP-Hospitality will inform the traveler. In case of a change in operating air carrier VIP-Hospitality will also inform the traveler. The Community List of Air Carriers can be found on www.lba.de. (2) VIP-Hospitality states explicitly that there might be stopovers on direct flights due to flight- and program related reasons direct. The final determination of flight times falls to be determined by VIP-Hospitality together with the travel documents.
§5 Cancellation by the Traveler / Cancellation Costs
(1) The customer can cancel the travel at any time before departure. The cancellation has to be declared the VIP-Hospitality Sportainment GmbH, Hotterstrasse 5, 80331 München, Telefax + 49 (0) 211 – 569 278 22 or via E-Mail: [email protected] (2) If the traveler cancels the travel before departure the VIP-Hospitality forfeits its claim of the travel price. VIP-Hospitality may however demand compensation for the travel preparations effected and for expenses that have been incurred. The per person lump-sum claim for cancellation fees is calculated as follows:
- Flight Travels
Up to 31 days before departure 25% // from 30th day before departure 40% // from 24th day before departure 50% // from 17th day before departure 60% // from 10th day before departure 80% // from 3rd to 1st day before Tag departure or non-commencement of travel 90% of travel price.
- Event- and Incentive Travels
Up to 43 days before departure 20% // from 42nd to 30th day before departure 40% // from 29th to 22nd day before departure 60% // from 21st to 10th day before departure 80% // from 9th day before departure 90% // from 3rd to 1st day before departure or non-commencement of travel 95% of travel price.
(3) It remains at the liberty of the traveler for proving that the traveler operator has suffered from significantly lower or no damage at all than the cancellation fee claims. (4) VIP-Hospitality reserves the right, contrary to the deviation of travel package prices to charge a higher consumption. In the event that VIP-Hospitality exercises its right to claim a higher amount of compensation, it shall, in the interest of saving effort, be obliged to set out details relating to its claim and to provide documentary evidence for the same.
§6 Minimum Number of Participants
VIP-Hospitality may rescind the trip up to two months prior to commencement of travel due to failure to obtain the minimum number of participants if (a) the minimum number of participants in the brochure is stated as well as the point in time by which the traveler must be informed of the withdrawal prior to the contractually agreed-upon commencement of the travel and (b) .the number of minimum participants as well as the latest date of possible cancellation are clearly stated in the travel confirmation. In this case the traveler will recover his payment and may request to attend another travel of at least equal value if the VIP-Hospitality is able to provide an alternative without any additional charge.
§7 Termination for Reasons of Conduct
VIP-Hospitality can cancel the travel contract irrespective of any deadline if in disregard of a warning issued by VIP-Hospitality the customer continues to disturb or if he behaves contrary to the terms of the contract at such a level that the immediate annulment of the contract is justifiable. If VIP-Hospitality terminates the trip in this way then it retains the right to payment for the trip, but must offset any expenses saved, as well as those payments acquired by alternative usage of the service not used.
§8 Travel Documents
The customer is obliged to inform VIP-Hospitality if he does not receive the required travel documents (flight ticktes, hotel vouchers etc.) within the specified deadline.
§9 Limitation of Liability
(1) Contractual liability for any damage except physical damage is restricted to three times the amount of the travel price insofar as a damage of the traveler is caused neither willfully nor in an act of culpable negligence or insofar as VIP-Hospitality can be held solely responsible for a damage done to the participants because of the fault of one of those responsible for services. (2) Tortious liability for damage arising not as a result of intentional or gross negligence is limited to three times the amount of the travel price. The maximum liability shall be applicable in total for one traveler and one travel. Any further claims with regard to luggage dependent on the Montreal Convention remain unaffected by this liability. (3) VIP-Hospitality is not liable for defaults connected to services that are mediated as external services (e.g. sports events, visits to the theatre, exhibitions, etc.) and which are expressively stated as external services in the travel offers. VIP-Hospitality is, however, liable for services that include the transportation of the traveler from the departure point to the described destination, intermediate transportation during the journey and accommodation during the journey; as well as the customer suffers damages as a result of a failure on the part of VIP-Hospitality to fulfill its obligation to inform, explain or organize.
§10 Passport, Visa and Health Requirements
(1) VIP-Hospitality will inform nationals who are established in a Member State of the Community in which the travel is offered about passport-, visa-, and health requirements before the confirmation of contract as well as about any changes before departure. Persons of other nationalities shall be informed by their specific consulates. Problematic circumstances and any serious difficulties shall in any case be deemed with respect to the traveler (e.g. dual nationality, statelessness). (2) The traveler shall be responsible for all travel documents, any necessary Immunizations and for adhering to customs and exchange control regulations. Disadvantages as a result of non-compliance, e.g. payment of cancelation costs, are at his expense. However this shall not apply if VIP-Hospitality has informed the traveler inadequately or wrongly. VIP-Hospitality is not liable for the timely granting or provision of required visas by the respective diplomatic representation if the traveler has instructed VIP-Hospitality to obtain the same, unless the delay is attributable to VIP-Hospitality.
§11 Choice of Law
The contractual relationship between traveler and VIP-Hospitality shall be governed by German Law.
§12 Place of Jurisdiction
(1) The travelling person can only proceed against VIP-Hospitality at the place the tour operator is located. (2) In the case of a legal action against the traveler, the residence of the traveler as stated in the booking request is decisive. In cases of legal actions against travelers who are business men, public-law legal persons or persons with unknown residence or overseas residence, the address of the VIP Hospitality is agreed upon as area of jurisdiction. (3) The conditions above do not apply under the following conditions: a) if (and to whatever extent) from the contractually non-obligatory terms and conditions of international conventions that apply to the travel contract between the traveler and VIP-Hospitality the traveler would receive some other benefit or b) if (and to whatever extent) the non-obligatory terms and conditions applicable to the travel contract in the EU country to which the traveler belongs are more beneficial to the guest than the aforementioned terms and conditions or the corresponding German regulations.
§13 Severability Clause
If a provision of these General Standard Terms and Conditions is or becomes ineffective in its entirety or in part as a result of changes to legal regulations, the rest of the General Standard Terms and Conditions shall nevertheless remain effective.
§14 Payment by Credit Card and Shipment
Credit card payments are possible. The travel documents will be sent by registered mail approximately two weeks before the date of the event or the start of the tour. A shipping fee of € 15.00 excl. 19% VAT (within Germany), € 25.00 excl. 19% VAT (within the EU) and € 45.00 excl. 19% VAT (worldwide shipping) will be charged per order if sensitive documents (e.g. admission tickets) are sent. Otherwise, these costs do not apply.
There are no shipping costs for digital products.
VIP-Hospitality Sportainment GmbH, Hotterstrasse 5, 80331 Munich (Germany), Telephone: + 49 (0) 211 – 569 278 20, Telefax: + 49 (0) 211 – 569 278 22, [email protected], Business Manager: Daniel Niepmann VAT REGISTRATION NUMBER: DE266533878 / HRB 219151 District Court Munich.
§16 Term of Preclusion
The traveler must assert any contractual claims against VIP-Hospitality Sportainment GmbH, Hotterstrasse 5, 80331 Munich (Germany) within one month after the contractual termination of the journey. After the expiration of this deadline, claims can only be asserted if the travelling person was unable to adhere to the deadline without actual fault.
§17 Term of Limitation
Claims of the travelling person will prescribe 2 years months after the contractual termination of the journey.
§18 Data Protection
The data of the travellers will be used only if necessary, e.g. for contractual reasons