General Terms and Conditions of Samuel's Entertainment Scheffler, Ober-Blöbaum GbR
Caseler Strasse 2, 13088 Berlin
("Samuel's") for the online purchase of tickets to its own events.
The sale of tickets ("e-tickets") for the
events offered by the online shop is exclusively subject to the General Terms and Conditions of Samuel's.
The Terms and Conditions constitute an integral part of the contract, which is created through the purchase of e-tickets. By ordering e-tickets, the customer mandates Samuel's to handle the purchase of tickets for the offered event, including shipping and payment.
2. Contractual Basis
The purchase of an e-ticket creates contractual relationships that exist exclusively between the ticket purchaser (the "visitor") and Samuel's. The offer to enter into a contract originates with the customer as soon as they have placed an order for a ticket online - by clicking on "BUY TICKETS".
The ticket or event contract with Samuel's comes
into effect with the sale or dispatch of the e-ticket. When visiting the event, separate terms and conditions of the relevant event apply, as do the house rules of the relevant business.
Simultaneously with the purchase of the e-ticket, a contract is entered into between the customer and Samuel's
for the processing of the ticket purchase. Samuel's shall provide to the customer the delivery of the
e-ticket, depending on commitment to the relevant event through the transmission of an
e-ticket (e.g. PDF download) or printing-out of the e-ticket onto paper following its delivery by e-mail.
4. Prices and Fees
The ticket prices stated at the time of purchase are decisive. These are inclusive of statutory value-added tax.
When buying online the customer does not incur any extra advance sales fees. During the online booking process, the visitor confirms the final ticket prices and service fees listed there (for the payment methods specified in 5.1 and 5.2). Version of 11.10.2016.
5. Payment and service charges
5.1 SEPA direct debit without service fee per collection ticket or e-ticket order
5.2 When paying through PayPal (customers must have their own PayPal account) or PayPal Plus (with PayPal Plus, payment by direct debit and credit card are also possible without having one's own PayPal account) a one-time service fee of 4 .50 € is payable.
5.3 Cash payment in advance ticket offices without any service fees listed on the homepage (http://samuels-entertainment.com).
The charge is made to the corresponding account on acceptance of the order
6. Types of delivery of e-tickets
6.1 After being ordered online tickets are sent to the e-mail address provided by the visitor in PDF form and include a QR code and the information applicable to the event.
During the process the customer prints out the ticket purchased online themselves via a device with Internet access after entering into the purchase contract or after receipt of payment and subsequent ticket transmission via an Internet access. The ticket is made unique through a printed 1D or 2D QR code.
6.2 In the case of a cash purchase at a separately announced ticket office, the tickets can be printed out before receipt.
7. Ticket purchase and resale
Tickets are sold to end customers only. The commercial resale of tickets
is permitted solely with the express consent of Samuel's.
Admission to an event is possible only with a valid ticket.
Ideally, the ticket will have been printed out, which makes it easier to scan the QR code.
If necessary, the ticket can also be scanned as a stored medium on an end device (tablet, smartphone).
The presentation of an order confirmation or an invoice is not sufficient for this purpose, unless
expressly stated or agreed otherwise.
The foyer is usually opened one hour before the start of a performance.
There is no entitlement to admission after the beginning of the performance. If a visitor is not granted entry due to themselves being delayed, they shall not be entitled to a refund of the ticket price.
9. Ticket return
The return of sold tickets is excluded. No compensation shall be payable for expired tickets.
Samuel's reserves the right to change the line-up of events and provides no entitlement to the return of sold tickets.
In the event that an event is cancelled without replacement, the price of the ticket shall be reimbursed if the e-tickets are presented or sent to the Samuel's back-office at Caseler Strasse 2, 13088 within thirty days of the performance date.
Data for the recipient bank such as the IBAN number and recipient account number shall be required for this purpose.
The abandonment of a performance provides entitlement to the reimbursement of the price of the ticket only if the abandonment occurs before the first break or, if there is no break in the performance, before the mid-point of the intended duration of the performance has been reached. Claims can be asserted solely by presenting or sending the tickets to the Samuel's back office at Caseler Strasse 2, 13088 from 30 days from the date of the performance.
The exchange of tickets is excluded.
In addition to the claim for reimbursement of the entrance fee as set forth in the preceding paragraphs, no further expenses or damages incurred by the visitor shall be reimbursed.
Service charges will not be reimbursed.
10. Ticket loss
In the event of the loss by a visitor of their ticket, they can be granted access to their seats if they can credibly establish which ticket they have purchased. Access will be granted shortly after the start of the event once it has been ascertained that the seats designated by the visitors are free. The owner of the original ticket has priority.
11. Domiciliary right
Domiciliary rights are incumbent on the organiser and the owner of the venue,who shall utilise the services of their vicarious agents, in particular the evening staff, to exercise these rights.
The instructions of the staff must be followed.
Visitors may be denied access to events if there is reason to believe that they may disturb the performances or cause inconvenience to other visitors. Spectators can be removed from a performance in progress if they disrupt the performance, cause inconvenience to other spectators or take seats for which they do not possess a valid ticket. Access can also be denied to visitors who have repeatedly violated these terms and conditions. Such visitors do not have a right to repayment of entrance fees that have already been paid or to other damages and reimbursement of expenses.
Persons who obstruct ticket sales or cause inconvenience to visitors may
be expelled from the event. It is not permitted to offer tickets for sale on the event premises and related properties.
It is not permitted to take a seat other than the one indicated on the map. In the event that a visitor changes their place without authorisation, Samuel's can charge the difference in Berlin or eject the visitor from the performance.
Mobile phones, watches and other technical devices with acoustic signals must be switched off during the performance.
Smoking is permitted solely at designated places at the event.
12. Spectators are not permitted to make image and/or sound recordings
of any kind. In the event of violations, visitors may be expelled from the event.
In the event that image and/or sound recordings are made by persons authorised to do so by Samuel's during a performance, visitors agree by their participation in the performance that they may be recorded in pictures and words and that these records may be sent or published without any claim for remuneration.
Samuel's, its representatives and its vicarious agents bear liability for damages of any kind suffered by a visitor at an event organised by Samuel's solely in the event of intent or gross negligence. This shall be without prejudice to liability in the event of death, bodily harm or injury to health if the damage sustained is typical and foreseeable.
14. Special conditions
14.1 Upon entry to the event, the validity of the ticket is checked using a handheld scanner. The ticket is validated by scanning.
In the e-ticket procedure, a digital ticket is also provided. It can be distributed to mobile devices.
It must be ensured that the technical requirements for the device are guaranteed.
The readability of the QR code is the responsibility of the customer, whereby the carrying of a printed e-ticket is strongly recommended.
14.2 The visitor is obliged to protect the e-ticket against being copied by third parties. In the case of the loss and/or misuse of the ticket by the customer, the customer is not entitled to attend the event or to be refunded the ticket fee. The commercial resale of tickets purchased with the e-ticketing process to third parties is prohibited.
Samuel's reserves the right to check the authenticity of the ticket holder by comparing the online purchaser.
In the case of infringement, the ticket purchaser or ticket holder loses the right to attend the event without being entitled to a refund of the ticket price or the aforementioned ticket fees.
14.3 Anyone who reproduces and/or circulates tickets unlawfully may be held liable by the organiser for any consequential damages
. In addition, criminal prosecution (acquisition of services by fraud, fraud, falsification of documents) shall take place in any case
15. Return debit notes
The customer is in default in the event that direct debits are not executed by their bank. In this case, Samuel's is entitled to charge the bank fees incurred plus a reasonable service charge to the customer (total: 10.00 Euro). In the event of cancellation of payment by the customer or their bank, Samuel's will send a request for payment to the e-mail address provided by the customer. If no payment is made within the specified period, Samuel's is entitled, but not obliged, to withdraw from the purchase contract and to block the tickets or to return them to advance sale. In this case, Samuel's continues to be entitled to payment of the service fees due by contract. Any further compensation claims of Samuel's deriving from its contractual relationship shall remain.
13. Data Protection
I hereby consent to the collection, processing and use of the personal order information listed below by Samuel's for customer service purposes. Samuel's has assured me that my data protection concerns are guaranteed without restriction and that my data will not be transmitted to third parties.
16. Applicable law/place of performance and jurisdiction
16.1 The law of the Federal Republic of Germany shall apply. The UN Sales Convention (CISG) and any other intergovernmental conventions, even if implemented into German law, shall not apply. For contracts of a propose that can not be counted under profession or a business of the legitimate claimant (consumer contract), this choice of law is only valid if the offered protection is not withdrawn through cogent law of the country where the consumer has his usual residence.
16.2 The place of fulfilment and place of jurisdiction for all claims arising between Samuel's and the visitor resulting from the business relationship is Berlin, provided the visitor is a registered trader, a legal entity under public law or a special fund under public law
Salvatorial final clause
Should any provision of these General Terms and Conditions be ineffective in any way, this does not affect the legal validity of the remaining terms and conditions.
Status as of 31.10.2016