General Ticket Terms and Conditions for Events of Hamburg Towers Basketball Betreibergesellschaft mbH

§ 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 ticketing partners own 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 visitors contractual partner, regardless of whether the contract is concluded directly on site at the ticket counter, via the ticket hotline, the web shop or via other authorized 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 - even if they are known - are not part of the contract, 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 - regardless of the number of orders - order a maximum of the number of tickets indicated 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., shall always be borne by the visitor, subject to deviating provisions. 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) Attending 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 entry. The current proof of discount must be carried with you and must be shown to the security staff without being asked when entering the venue. If they are not carried, the organizer is entitled to refuse access to the venue and to block the reduced ticket.

(2) A reduced price applies to the following groups of people: schoolchildren, trainees, students and the severely disabled.

§ 4 right to visit; Postponement, interruption or cancellation of an event; Allocation of other places

(1) With the conclusion of the contract and full payment of the price, the visitor acquires the right to visit the event. Proof that the visitor is a contractual partner of the organizer is provided by presenting the ticket and - upon request of the organizer - official ID. The organizer reserves the right to refuse ticket holders who have not acquired the right to attend the event, in particular by blocking the ticket. If the organizer allows the cardholder access, he is released from his obligation to perform towards the contractual partner even if the cardholder is not identical to the authorized contractual partner.

(2) If the event is postponed, whether temporally or locally, there is no entitlement to a reimbursement of the admission price. Purchased tickets remain valid. The latter also applies in the event of a match being abandoned, provided that it is repeated at a later date.. If a running game is canceled and not repeated, there is no entitlement to a reimbursement of the entry price.

(3) If an event is canceled or the organizer is obliged not to occupy visitor spaces due to an instruction from the Basketball Bundesliga (BBL) or the BBL GmbH Gesellschaft der Basketball-Bundesliga or the police, the visitor concerned receives the contract price in return of the ticket refunded. In the case of season tickets, a proportional refund will be made. Handling and / or shipping fees, however, will not be reimbursed.

(4) The organizer reserves the right to assign the visitor a different seat for the respective event even after the conclusion of the contract, insofar as it is impossible for the organizer, for reasons for which he is not responsible, to make the seat shown on the ticket available and to replace it allocated space is comparable. Otherwise the organizer has to reimburse the contract price according to § 4 (3) of these ATGB.

§ 5 Season tickets

(1) The provisions of this ATGB apply to season tickets, unless otherwise stipulated in this 5th paragraph.

(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). Further events, in particular playoff home games, are not covered by the season ticket unless these 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 service will be provided - 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 not attended by the holder of a season ticket 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 a delay in 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) Passing on a season ticket to a third party is only possible under the conditions specified in §6.

(9) If the requirements of § 8 are met, it is possible to purchase reduced-price season tickets. 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.

§ 6 Passing on 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 into 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). 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.

(3) 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:
• 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, if there is a possibility that this will result in a price that exceeds the organizers selling price;
• pass on tickets, either for a fee or free of charge, to supporters of visiting teams or to persons who are banned from entering the stadium or venue on a national or venue-specific basis;
• sell tickets, without the express prior written consent of the Club, commercially or to use them in the context of raffles, travel or hospitality offers or publicly for advertising or marketing purposes.

(4) Offering, selling or purchasing tickets in violation of the cases mentioned in § 6 (3) is prohibited. By concluding the contract for the event or by entering the same, the visitor assures not to violate or have violated this prohibition. Furthermore, by presenting the ticket at the entrance to the venue, the visitor warrants that he/she is entitled to attend the event and that he/she has not received the ticket as part of a transfer in the cases specified in § 6 (3).

(5) In case of a violation of the prohibition according to § 6 (4) sentence 1 or a false assurance according to § 6 (4) sentences 2 and 3, the organizer is entitled to:
• to not deliver the tickets to the visitor or the third party;
• to withdraw from the event contract;
• to block the tickets and to refuse the visitor to attend the event without compensation
• terminate the season ticket contract for good cause.

(6) The above provisions also apply to season tickets and their transfer to third parties for individual or multiple events. In the event of a permitted 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.

§ 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 are to be observed. Entering the playing field or climbing on any barriers is strictly prohibited.

§ 9 Data protection

(1) The organizer processes the personal data provided by the visitor in compliance with the applicable data protection regulations. Processing shall only take place if the visitor has consented (Art. 6 para. 1 lit. a DSGVO), the processing is necessary for the performance 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 performance 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.

(4) In addition, reference is made to the organizers data protection declaration, which is available here.

§ 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/hers/its 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 sales or service contracts concluded over 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.

- As of: October 2020 -