§ 1 Scope of application
(1) The following General Ticket Terms and Conditions ("GTCT") shall apply to all deliveries and services of Hamburg Towers Basketball Betreibergesellschaft mbH ("Organizer") in connection with the organization of events, in particular to the sale of individual tickets, combinations of such individual tickets as well as season tickets (collectively "Tickets") for the home games of Hamburg Towers.
(2) In addition to these ATGB, the respective valid house rules of the venue (available at www.hamburgtowers.de and as a notice in the edel-optics.de arena) shall apply and are expressly included in these ATGB. By purchasing and using a ticket, the respective purchaser or ticket holder ("visitor") accepts the validity of these ATGB including the house rules of the venue. In addition, the organizers own ticketing partners general terms and conditions may apply. The Ticketing Partner of the Event Organizer is wleC white label eCommerce GmbH, which is the authorized commercial agent of the Event Organizer for the brokerage, conclusion and settlement of contracts for the purchase of tickets. In the event of any contradictions, these ATGB shall take precedence.
(3) The contracting party of the visitor, regardless of whether the contract is concluded directly on site at the ticket counters, via the ticket hotline, the webshop or via authorized other sales outlets or ticketing partners, is Hamburg Towers Basketball Betreibergesellschaft mbH, Kurt-Emmerich-Platz 2, 21109 Hamburg.
(4) Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract - even if known - unless the organizer expressly agrees to their validity in writing.
§ 2 Conclusion of contract; cancellation and revocation; handover of tickets; payment modalities
(1) Tickets may be purchased directly on site at the ticket counters, via the ticket hotline, the web store or via other authorized sales outlets or ticketing partners.
(2) By placing an order, the visitor makes a binding offer to enter into a contract. The organizer will confirm receipt of the order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The acceptance takes place through the order confirmation, at the latest, however, with the handover of the ticket. The text of the contract will be saved and sent to the visitor by e-mail after conclusion of the contract.
(3) Each visitor may - irrespective of the number of order transactions - order a maximum number of tickets that is stated as the maximum quantity in the sales rules for the respective event. Circumvention of this prohibition by giving different names is prohibited. In the event of a violation of the aforementioned regulations, the organizer is entitled to withdraw from the event contracts concluded with the visitor by blocking the tickets. Irrespective of this, the organizer is entitled to limit orders to a household quantity.
(4) A subsequent cancellation of tickets by the visitor is excluded. Likewise excluded is a cancellation of the concluded contract, since the services of the organizer are leisure services in the sense of § 312g para. 2 no. 9 BGB (German Civil Code), for which there is no right of cancellation according to § 355 BGB. In the event of loss or destruction of individual tickets, neither replacement nor refund will be made.
(5) The handover of tickets shall be governed by the specific agreement of the parties and may be effected by dispatch or handover at agreed locations. The sending of tickets by mail is excluded for those tickets that are confirmed less than one week before the respective match day. In the event that shipping of tickets has been agreed between the parties, the shipping company will be selected by the organizer. The shipment of tickets is at the risk of the visitor. If the order is placed less than five working days before the respective event, the tickets will not be shipped but deposited at a deposit point set up at the venue. Tickets may only be collected by the visitor or a third party authorized in writing by the visitor upon presentation of official identification. The organizer is entitled to charge a reasonable fee for the deposit of tickets.
(6) The price to be paid for the visit of the event results from the current price list of the organizer. Prices, dates and availability of services are expressly subject to change. All prices quoted by the organizer include all duties and taxes. Shipping costs and all other expenses, cash on delivery charges, etc. are always the responsibility of the visitor, unless otherwise specified. Payment is possible with different payment methods. The total price of the order including all fees is due after conclusion of the contract. Until full payment, the tickets remain the property of the organizer. Payments made by the visitor shall be deemed to have been made only at the time of receipt on the business account of the organizer. If payment is not successfully made for reasons for which the visitor is responsible, the organizer is entitled to cancel the order without replacement or to block the ticket. The assertion of claims for damages remains expressly reserved.
§ 3 Reduced tickets
(1) Attendance at an event at a reduced price is only permitted if the reason for the reduction still exists at the time of the event and can be proven upon admission. The current discount certificate must be carried along and presented to the security staff without being asked when entering the venue. In the event of failure to present such proof, the organizer is entitled to deny access to the venue and to block the reduced-price ticket.
(2) A reduced price applies to the following groups of persons: pupils, trainees, students and severely disabled persons.
§ 4 Right of Attendance; Postponement, Cancellation or Cancellation of an Event; Allocation of Other Seats
(1) Upon conclusion of the contract and full payment of the price, the visitor acquires the right to attend the event. Proof that the visitor is a contractual partner of the organizer shall be provided by presenting the ticket and - at the request of the organizer - official identification. The organizer reserves the right to deny ticket holders who have not acquired the right to visit the event, in particular by blocking the ticket. If the organizer allows the ticket holder to enter the event, he shall be released from his obligation to perform towards the contracting party even if the ticket holder is not identical with the authorized contracting party.
(2) In the event of a postponement of the event, whether in terms of time or location, there shall be no entitlement to a refund of the ticket price. Purchased tickets shall retain their validity. The latter also applies in the event that a match is cancelled, provided that it is repeated at a later date. If a match in progress is cancelled and not repeated, there is no entitlement to a refund of the admission price.
(3) If an event is canceled or if the organizer is obligated, due to an instruction of the Basketball-Bundesliga (BBL) or the BBL GmbH Gesellschaft der Basketball-Bundesliga or the police, not to fill visitor seats, the affected visitor will receive a refund of the contract price against return of the ticket. In the case of season tickets, a pro rata refund will be made. Processing and/or shipping fees, on the other hand, will not be refunded.
(4) The organizer reserves the right to assign the visitor another seat for the respective event even after conclusion of the contract, insofar as it is impossible for the organizer to provide the seat shown on the ticket for reasons for which he is not responsible and the alternatively assigned seat is comparable. Otherwise, the organizer shall reimburse the contract price in accordance with § 4 (3) of these ATGB.
§ 5 Special admission conditions
(1) If, for an important reason, e.g. due to protective measures imposed by the association, the authorities or the law, e.g. as part of the fight against a pandemic or as part of a partial exclusion of spectators, certain requirements must be met and/or proof is required for the purchase of tickets and/or admission to the (e.g. If, for example, proof of vaccination, proof of testing and/or proof of recovery; mask requirement), the organizer is entitled and obligated, within the framework of data protection requirements, to have the customer or ticket holder present such proof as a prerequisite for admission (at the latest immediately prior to admission to or stay on the event premises) and to check compliance with specified requirements. If the customer or ticket holder is unable to meet the relevant requirements, the organizer may refuse the purchase of tickets and/or access to the event premises or expel the customer or ticket holder from the event premises. If the purchase of tickets has already taken place, the customer and the organizer may in this case withdraw from the contract for the purchase of tickets for the event concerned. The customer will receive a refund of the ticket price paid upon presentation or sending of the ticket on his own account, in the case of electronic tickets by stating the corresponding order number in the notice of withdrawal; fees already incurred (e.g. service and shipping fees) will be refunded. Furthermore, the customer acknowledges that the organizer is entitled to set up certain access time windows for certain ticket holders for good cause, e.g. due to specified protective measures in the context of pandemic control and for the purpose of avoiding larger crowds. In this case, the respective ticket holder is obliged to comply with the corresponding specifications. In the event of intentional or negligent non-compliance, the ticket holder may be denied access to the event premises outside the specified time window without compensation.
(2) Furthermore, the customer acknowledges that for good cause, e.g. due to specified protective measures in the context of pandemic control, in particular due to official and/or instructions or orders of the responsible association (e.g. protection and hygiene concepts), additional rules, regulations and requirements may become applicable in connection with the purchase of tickets, access to and stay in the arena. These will be made available to the customer in good time and must be observed by the customer from the time they are announced. For example, it may be necessary that the customer, e.g. for the purpose of tracing chains of infection within the framework of specified protective measures of pandemic control, is requested to transmit further data on his person and/or his companions (cf. on permissible disclosure §6) to the organizer in accordance with the respective applicable data protection provisions. Likewise, it may be necessary for customers, e.g. for the purpose of complying with distance regulations within the framework of specified protective measures of pandemic control, to be requested to take up another place on the event premises or to be subject to certain information or reporting obligations. The instructions and regulations must be followed accordingly.
§ 6 Season tickets
(1) The provisions of these ATGB shall apply to season tickets, unless otherwise provided for in this § 5.
(2) The purchase of season tickets is subject to the conclusion of a current season ticket contract. A season ticket contract is valid for one season (01.07. of a calendar year to 30.06. of the following year). Visitors who already have a season ticket for a season have a right of first refusal for the following season, which can be exercised until a date set and publicly communicated by the organizer. If the right of first refusal is not exercised or not exercised in due time, the right to receive a season ticket for the following season shall expire. The right to terminate the season ticket contract for good cause is reserved.
(3) Season tickets are valid for all home games of the respective regular season of the Basketball Bundesliga (BBL). Additional events, in particular playoff home games, are not covered by the season ticket unless they have been expressly booked and paid for. For any playoff home games or home games in other national or international competitions, season ticket holders are granted a right of first refusal. If the number of home games in the respective regular season is reduced due to a license withdrawal of another team by the Basketball Bundesliga (BBL) before or during a season or due to a voluntary withdrawal of another team from the Basketball Bundesliga (BBL), a substitute payment shall be made - at the discretion of the organizer - such as free attendance at a test game of the Hamburg Towers or the provision of a voucher in the amount of the pro rata season ticket price.
(4) Games that the holder of a season ticket does not attend will not be reimbursed by the organizer.
(5) The delivery of season tickets is governed by the season ticket contract between the visitor and the Organizer. The delivery of tickets by mail is excluded for those tickets that are confirmed less than one week before the first match day of the season.
(6) The organizer is entitled to assert a right of retention against the visitor in the event of default on the visitors payment obligations. This shall be effected by blocking the season ticket and shall be deemed to have been declared effective with blocking even without separate notification.
(7) The organizer reserves the right to terminate the season ticket contract with immediate effect for good cause to persons who violate the prohibitions set forth in § 6 or § 8.
(8) The passing on of a season ticket to a third party is only possible under the conditions specified in §6.
(9) If the requirements of §8 are met, the purchase of reduced-price season tickets is possible. The decisive factor is the respective status until the end of the season for which the season ticket is valid. The corresponding proof of reduction must be presented to the organizer annually before the season ticket is handed over. The regulations according to § 3 (1) sentences 2 and 3 apply accordingly.
§ 7 Passing on of tickets
(1) An entitlement to visit an event exists only on the basis of the event contract which the visitor has concluded with the organizer or into which he has entered under the conditions of § 6 (2).
(2) The visitor may transfer the rights and obligations arising from the event contract (and thus also the right to attend) to a third party only by the third party entering the event contract in his place, assuming all rights and obligations. Such entry requires the prior consent of the organizer, which is granted in advance subject to the provisions of § 6
(3) shall be granted in advance. An assignment of individual rights from the event contract, in particular the right to visit, is excluded. When assigning the right to visit, the visitor is obliged to expressly inform the third party of the validity and content of these ATGB. If a visitor has permissibly acquired several visiting rights within the framework of an event contract and permissibly assigns these visiting rights to several third parties, separate event contracts with the entering persons shall come into existence through the entry in each case. At the request of the organizer, the visitor is obliged to provide the names, dates of birth and addresses of those persons to whom he has transferred the tickets.
(4) In order to avoid violence and criminal acts in connection with the attendance of the event, to enforce stadium bans, to prevent the resale of tickets at excessive prices and to separate supporters of the clashing teams, it is in the interest of the organizer to restrict the passing on of tickets. The visitor is therefore not permitted to
Pass on tickets if the price to be paid by the third party exceeds the price shown on the ticket by more than 10%;
- offer tickets publicly via Internet auctions (e.g. eBay) or other Internet marketplaces, as well as on the radio, in the press or other media, or in any other way, insofar as there is a possibility that a price will be achieved that exceeds the sales price of the organizer;
- to pass on tickets, whether against payment or free of charge, to supporters of visiting teams or to persons who are subject to a national stadium or venue ban;
- sell tickets commercially or for profit without the express prior written consent of the Club, or use them in connection with raffles, travel or hospitality offers, or publicly for advertising or marketing purposes.
(5) The offering, sale or purchase of tickets in violation of the cases mentioned in § 6 (3) is prohibited. By concluding the event contract or by entering the same, the visitor assures not to violate or have violated this prohibition. Furthermore, by presenting the ticket at the entrance of the venue, the visitor assures that he/she is entitled to attend the event and that he/she has not received the ticket in the context of passing it on in the cases mentioned in § 6 (3).
(6) In the event of a violation of the prohibition pursuant to § 6 (4) sentence 1 or a false assurance pursuant to § 6 (4) sentences 2 and 3, the organizer shall be entitled to
- not to deliver the tickets to the visitor or the third party and/or
- to withdraw from the event contract and/or
- block the tickets and refuse to allow the visitor to attend the event without compensation and/or
- to terminate the season ticket contract for good cause.
(7) The above provisions also apply to season tickets and their transfer to third parties for individual or multiple events. In the event of a permissible entry into the contract, the third party enters into the event contract for the events for which the season ticket holder transfers the season ticket to him. The permissible surcharge for season tickets pursuant to § 6 (3), first indent, is calculated pro rata from the total price of the season ticket according to the number of events for which the season ticket is valid.
(8) If, for an important reason, e.g. due to protective measures imposed by the association, the authorities or the law, e.g. in the context of the fight against the pandemic or in the context of a partial exclusion of spectators, certain requirements have to be met, the organizer shall be entitled to record the contact data of each customer and/or each ticket holder (so-called hard personalization) when purchasing the tickets, inter alia for the purpose of tracing infection chains in the context of measures to combat the Corona pandemic. Notwithstanding clause 6.2, it is prohibited in this case to sell or pass on tickets without informing the organizer in good time in text form about the corresponding passing on within the scope of what is permissible under data protection law, stating the required contact data of the new ticket holder. In this case, the data of the new Ticket Holder will be passed on, among other things, to protect the legitimate interests of the Organizer pursuant to Art. 6 (1) sentence 1 f) of the EU General Data Protection Regulation ("DSGVO") in the tracking of stadium visitors, if necessary, due to official protection and hygiene concepts and/or according to Art. 6 para. 1 p. 1 c) or e) DSGVO in connection with the respectively valid CoronaSchVO on the basis of the IfSG, if there is a legal obligation for the organizer for the contact recording of the stadium visitors. The customer shall expressly inform the new ticket holder of the validity and content of the ATGB as well as these COVID-19 terms and conditions as well as the necessary disclosure of information (e.g. first and last name upon request) to the organizer, whereby the new ticket holder agrees to the validity of the ATGB and these COVID-19 terms and conditions between him and the organizer by purchasing and using the ticket.
The Organizer will maintain the integrity and confidentiality of the personal data during processing in accordance with Article 5 (1) f) of the GDPR. Further information on data protection can be retrieved and permanently stored by each Ticket Holder at any time at https://www.hamburgtowers.de/datenschutz/.
§ 7 Limitation of liability and indemnification
(1) The organizer as well as its legal representatives or vicarious agents shall only be liable in the event of intent or gross negligence. In the event of a breach of material contractual obligations (obligations arising from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract), liability shall also exist in the event of simple negligence, but shall be limited to the foreseeable damage typical for the contract. Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations.
(2) The visitor who culpably violates these ATGB or the house rules of the venue is liable to compensate the organizer for any damage resulting from this behavior. This applies in particular to sanctions imposed on the Organizer by the Basketball Bundesliga (BBL).
(3) The Visitor shall indemnify the Organizer against all disadvantages incurred by the Organizer through third parties due to damaging actions of the Visitor - regardless of whether such actions are intentional or negligent.
§ 8 Conduct in the Arena
(1) Conduct in the arena is governed by the house rules, which are posted at the entrances to the stadium or can be viewed at www.hamburgtowers.de and whose contents the visitor accepts upon presentation of the ticket at the arena entrance. The Arena Rules apply independently of the effectiveness of these ATGB.
(2) It is prohibited to bring glass containers, cans, tape recorders, bulky items, coolers, pyrotechnic items, flares, weapons and similar dangerous items, as well as animals. Failure to comply with this prohibition may result in expulsion from the venue. The organizer is entitled to take temporary custody and possession of objects of the aforementioned kind.
(3) Bags are only allowed up to a size of DIN A4 (210x297mm).
(4) The house rules of the venue and the instructions of the stewards must be observed. It is strictly forbidden to enter the playing field or to climb on any barriers.
§ 9 Data Protection
(1) The organizer shall process the personal data provided by the visitor in compliance with the applicable data protection regulations. Processing shall only take place insofar as the visitor has consented (Art. 6 para. 1 lit. a DSGVO), the processing is necessary for the fulfillment of the contract concluded with the visitor or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b DSGVO), the processing is necessary for the fulfillment of a legal obligation of the organizer (Art. 6 (1) lit. c DSGVO) or the processing is necessary to protect the legitimate interests of the organizer or a third party, unless the interests or fundamental rights and freedoms of the visitor, which require the protection of personal data, override (Art. 6 (1) lit. f DSGVO).
(2) The organizer is entitled to transfer the personal data provided by the visitor to third parties that the organizer has commissioned with the execution of the contract, insofar as this is necessary for the fulfillment of the contract (Art. 6 para. 1 lit. b DSGVO). This includes the right to check creditworthiness.
(3) The transfer of data to law enforcement authorities in accordance with the applicable legal provisions is also permissible if this is necessary to ensure the security of the event, to avert risks to security in the venue or to prosecute criminal offenses.
§ 10 Right to ones own image
(1) The visitor to an event irrevocably consents for all present and future media to the free use of his/her image and/or voice for photographs, live transmissions, broadcasts and/or recordings of image and/or sound made by the organizer or its agents in connection with the event. § Section 23 (2) of the German Art Copyright Act (KunstUrhG) shall remain unaffected.
§ 11 Image and sound recordings
(1) Visitors may only be present in the venue for the purpose of media coverage of the event (television, radio, Internet, print, photo) with the prior written consent of the organizer and in the areas specially designated for media representatives.
(2) Visitors to an event are not permitted to make photo, video and/or sound recordings without the prior written consent of the organizer, unless this is done exclusively for private, non-commercial purposes. Furthermore, without the prior written consent of the organizer, the public dissemination and/or reproduction of photographs, video and/or audio recordings, in particular via the Internet or mobile telephony, or the assistance of other persons in such activities are also prohibited.
§ 12 Information on Online Dispute Resolution, Dispute Resolution Procedure
(1) The Commission of the European Union provides a platform for online dispute resolution. This so-called "ODR platform" is intended to help companies and consumers to resolve disputes about contractual obligations arising from purchase or service contracts concluded via the Internet out of court. The OS platform can be accessed at the following link: https://www.ec.europa.eu/consumers/odr
The organizer is generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Final Provisions
(1) The sole place of performance for deliveries, services and payments in connection with contracts concluded between the organizer and the visitor is Hamburg.
(2) The law of the Federal Republic of Germany shall apply. In the case of visitors who conclude the contract for purposes which can predominantly be attributed neither to their commercial nor to their independent professional activity, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the visitor has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) If the visitor is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Hamburg. The same shall apply if the visitor does not have a general place of jurisdiction in Germany or if the visitors place of residence or habitual abode is unknown at the time the action is brought.
(4) Should individual provisions of a contract concluded between the organizer and the visitor, including these ATGB, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision. The above provision shall apply mutatis mutandis in the event that the contract proves to be incomplete.
- Status: June 2022 -