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General terms and conditions
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General Terms and Conditions of MMP Event GmbH (MMP)
MMP Event GmbH ("Organiser")
Widdersdorfer Str. 190, 50825
Cologne
T: +49-221-940577-0
E: info@mmpevent.de,
www.mmpevent.de
§ 1 Scope of application
(1) These General Terms and
Terms and Conditions ("GTC") apply to the legal relationship arising from the
the ordering, purchase and/or use of admission tickets ("tickets")
for events and for the stay on the tournament grounds MTTC Iphitos
e.V., Aumeisterweg 10, 80805 Munich ("tournament grounds") in the context of the
ATP Tournament BMW Open by Bitpanda ("Event(s)").
(2) The purchase of a ticket
contractual relationships with regard to the event attendance
exclusively between the respective first purchaser of the tickets ("customer") and the
tickets ("customer") and the organiser. These
GTC. Orders are processed via the online ordering system of CTS EVENTIM
Sports GmbH ("CTS") online ordering system. By purchasing or using the tickets, the customer
use of the tickets, the customer agrees to these GTC.
§ 2 Conclusion of contract
(1) When ordering tickets online
tickets, a personal password will be issued if the customer registers.
will be issued. The customer is responsible for ensuring that no unauthorised third parties
unauthorised third parties gain knowledge of their password. In the case of an online order
of a ticket in the organiser's ticket shop, the customer gives his consent by
order a ticket using the online command provided for this purpose, the customer makes a
binding offer to conclude a contract with the organiser. The customer
will receive an online confirmation of receipt of the contract offer ("order confirmation").
The order confirmation does not yet constitute acceptance of the offer, but is
subject to the availability of the tickets ordered and the consideration of special
special circumstances (e.g. safety or health aspects).
health aspects). Only upon transmission or retrieval of the tickets (incl.
electronic dispatch, e.g. in the case of Print@Home or mobile tickets or
deposit of the tickets), the contract between the Organiser and the
customer on the basis of these GTC. In the case of other orders (e.g.
telephone order), the contract is concluded when the tickets are handed over or
dispatch of the tickets.
(2) The Organiser is
The organiser is entitled to cancel an order placed by the customer, which has been
before delivery or retrieval of the tickets (unilateral right of cancellation) if the customer
right of cancellation) if the customer violates specific conditions set by the
specific conditions set by the organiser, which were referred to during the ordering process or
the General Terms and Conditions, or attempts to circumvent them (e.g. violation of the
restrictions on the number of tickets per customer, resale bans,
attempts to circumvent them by registering and using multiple user profiles, etc.). The
declaration of cancellation/withdrawal can also be made implicitly by crediting amounts
amounts already paid.
(3) The organiser may, at its own
at its own discretion designate authorised sales or issuing points. Should provisions deviating from these GTC
apply to the purchase of tickets at such sales/issuing points, these GTC
shall take precedence in the relationship between the customer and the Organiser. In particular, the General Terms and Conditions for the online ordering system
of CTS EVENTIM Sports GmbH, which can also be viewed on the Internet at https://www.eventim.de/help/terms/ , may apply to the tickets offered in cooperation between the Organiser
and the service provider CTS EVENTIM Sports GmbH in addition to
these GTC .
§ 3 Prices, terms of payment,
Discounts
(1) The amount of the ticket price
is based on the current price list of the organiser - available at
https://www.ticket-onlineshop.com/ols/bmwopen/
- and may consist of the basic ticket price and any applicable fees ("ticket price"). In addition
shipping costs may be charged in addition to the Ticket Price, see § 4 (2).
(2) The ticket price and any applicable
shipping fee are due for payment immediately after conclusion of the contract.
(3) Orders will only be processed with
the payment methods specified in the respective
accepted payment methods (credit card (VISA, MasterCard, American Express),
PayPal, giropay). Payment processing for VISA and MasterCard
is processed by CTS EVENTIM Nederland B.V., Postbus 3096, 2130 KB Hoofddorp,
Netherlands.
(4) Should the payment not be successfully
reasons for which the customer is responsible (e.g. insufficient credit
insufficient credit card or bank account funds, chargeback), the organiser is
Organiser is entitled to cancel the order without substitution or to block the corresponding tickets
tickets; they shall lose their validity. Any additional costs incurred
be reimbursed by the customer. The right to assert further claims for
The right to assert further claims for damages remains reserved.
(5) If the tickets have been
tickets are dispatched or handed over to the ticket purchaser before payment of the
tickets remain the property of the organiser until full and final payment of the ticket price.
the full and final payment of the ticket price. Tickets that have not been paid for do not entitle
to participate in the event.
(6) Reduction authorisations for
for the purchase of tickets can be found in the respective ordering process according to § 2.
Double discounts will not be granted. For the respective
The day on which the event for which a ticket is purchased takes place
for which a ticket is purchased takes place. The respective current official
or official proof of discount must be presented on request when purchasing the ticket
on request when purchasing the ticket and must be carried when entering the tournament grounds and
the event organiser or security personnel. If it is not
or is not valid, access to the tournament grounds may be refused; the rejected
be refused; the rejected customer is not entitled to compensation or reimbursement of expenses.
or reimbursement of expenses.
(7) For the transfer of
tickets, the regulations in § 8 apply with the additional proviso
that a transfer is only possible if the new ticket holder also fulfils the
also fulfils the corresponding discount conditions and provides evidence of this in accordance with § 3 (6)
unless the new ticket holder pays an additional charge in the amount of
the amount of the difference between a discounted and a non-discounted ticket for the
a non-reduced ticket for the corresponding event ("upgrade").
For the upgrade, the organiser may charge a service, processing and, if applicable, shipping fee according to the price list.
processing and, if applicable, dispatch fee according to the price list.
§ 4 Handover and dispatch
(1) When purchasing tickets in the
online ticket shop of the Organiser or by telephone with the Organiser
the tickets are handed over either by the delivery of a digital ticket in the customer's online
ticket in the customer's online account or by sending a print@home or mobile ticket in the form of a
or mobile ticket in the form of a QR code and in PDF format to an e-mail address specified by the customer
e-mail address specified by the customer during the purchase process. These electronic deliveries of the
tickets are free of charge for the customer. The QR code for access to the tournament grounds must be made permanently available on the smartphone
permanently available on the smartphone or printed out in A4 paper form in legible quality
and to be carried with you at the event. QR codes that are not legible
QR codes or printouts that are not the fault of the organiser do not
are not the fault of the organiser, do not entitle the holder to enter the
tournament grounds.
(2) If, in deviation from
from § 4 (1) in the purchase process instead of an online ticket,
and delivery of a hard ticket (thermal or laser print on ticket blank), which is otherwise
(thermal or laser printing on a ticket blank) instead of an online ticket,
additional charges will be levied for this. The amount of these fees is
depending on the number of tickets (weight of the consignment), the ticket category
(single ticket or season ticket), the type of dispatch (postal dispatch, registered mail, parcel or express
parcel or express) and the requirement for transport insurance and may vary per event.
may vary depending on the event. The charge will be displayed in the shopping basket
additional services in the shopping basket or communicated by telephone. Beyond this
There are no further unrecognised costs. The organiser
chooses the shipping company at its own discretion.
(3) If the booking is made a few
days before the respective event, the tickets will no longer be sent to the customer.
sent to the customer. In this case, only the "digital ticket" delivery method will be
ticket" will be offered in the purchase process.
(4) In individual cases, at the organiser's
discretion of the organiser, an agreement on the deposit of the tickets
for collection from the Organiser. The tickets may only be collected by
by the customer or a third party authorised in writing by the customer upon
presentation of a suitable official identification document (identity card, etc.).
etc.).
§ 5 Cancellation and withdrawal
For services in the areas of
leisure activities, in particular the sale of tickets for sporting events
for sporting events, there is no right of cancellation in accordance with § 312g Para. 2 No. 9 BGB
distance selling contracts. This means that there is no two-week
right of cancellation and return. Every ticket order is binding
binding immediately after confirmation by the organiser and obliges
to accept and pay for the tickets ordered.
Exchange and return of tickets
tickets are generally excluded. A return is also excluded
excluded if one or more players cancel their participation in the tournament
or if individual matches are cancelled. If a customer is unable to use their ticket
personal reasons (e.g. illness), the ticket may exceptionally be passed on to a
transfer of the ticket to a third party within the framework of the regulation under § 8 (3)
is permissible.
§ 6 Complaints, defects and loss
from Tickets
(1) All questions relating to
the ticket, regardless of whether it is a Print@Home ticket, mobile ticket or hard ticket
exclusively with the organiser. The customer is obliged to
order confirmation and the ticket immediately and conscientiously upon receipt to
their correctness. Complaints about obviously incorrect tickets and/or ticket
tickets and/or ticket orders must be made immediately, generally within five (5)
working days after receipt of the order confirmation or the ticket, in text form (e-mail
sufficient) or in writing by post to the Organiser. In the event of
justified and timely complaint, the organiser shall provide the customer with
the customer a new ticket free of charge in return for the destruction or handover of the
new ticket free of charge. The provisions on complaints expressly do not apply to
lost during despatch in accordance with § 6 (3) or for the despatch of tickets not
ordered tickets and for cases in which the reason for the complaint is demonstrably
is attributable to fault on the part of the customer.
(2) Defective Print@Home or Mobile tickets,
which are not displayed due to a defective mobile phone or low battery, or tickets
or tickets that contain incorrect personal data will be rejected at the
will be rejected at the entrance to the tournament site. The
organiser accepts no responsibility for defective, lost or stolen tickets and is
lost or stolen tickets and is not obliged to reissue such tickets,
unless the defect of a ticket or other complications in relation to the access
the entry procedure to the tournament site is wholly or mainly attributable to the
attributable to the Organiser. In this case, the organiser shall remedy the
possible and subject to the legitimisation of the ticket holder, the organiser will either
either rectify the defect or block the ticket in question after notification of the defect
of the defect and issues the ticket holder with a new ticket on presentation of sufficient
a new ticket upon presentation of sufficient evidence.
(3) The organiser shall be informed of the
loss, i.e. any involuntary loss, of tickets purchased from the Organiser
the Organiser immediately via the contact address (§ 15) in text form
(e-mail is sufficient) or by post. The Organiser is
The Organiser is entitled to block these tickets immediately after notification.
In the event that a ticket subject to electronic access control is lost
subject to electronic access control, the Organiser may, following notification, blocking of the ticket
and verification of the customer's identity, the ticket can be reissued,
the customer provides a corresponding affidavit regarding the loss of the tickets.
the loss of the tickets. For the reissue, service and
processing fees amounting to 15 % of the original ticket price may be charged for the reissue,
unless the organiser or a third party commissioned by the organiser
the loss can be proven. In the event of improper notification
of a lost ticket, the Organiser may press charges. A reissue
other lost tickets cannot be reissued for security reasons.
cannot be issued for security reasons.
§ 7 Relocation,
Capacity change, cancellation, termination
(1) The customer recognises that
that the events are open-air events, so that the beginning and
the individual tournament days within the framework of the event also depend on weather
weather conditions and can be influenced by the weather in each case.
can be influenced by the weather. The organiser is therefore entitled, in the event of
unforeseen events that make it impossible to organise the respective tournament days
the day of the tournament or individual matches on the day of the tournament, and if necessary
the entire event if necessary, to cancel, postpone, relocate or, if necessary
cancelled.
(2) In the event of a
capacity of the stadium, the organiser reserves the right to rebook seats
rebook seats accordingly or cancel tickets and orders. In the event of
cancellation in this context, the customer will be reimbursed the full ticket price
including all fees. The customer acknowledges that the organiser may
organiser is entitled for good cause (e.g. official requirements) to offer the customer
the customer's reserved seats on the tournament grounds,
in the case of the same or a higher category, no surcharge will be charged;
In the case of a lower category, the difference will be refunded after the event.
the difference will be refunded after the event (excluding any fees actually incurred).
fees actually incurred); in such a case of reallocation, the customer has neither the right
right of cancellation or a claim for reimbursement.
(3) In the event of a justified postponement
or cancellation of a match or a tournament day after an official rally of a match has already
rally of a match has already taken place, the tickets cannot be used for any
subsequent tournament days. The tickets are only valid for the
booked tournament day and are not bound to individual scheduled matches or programme
programme items. The ticket price will not be refunded unless the organiser
the organiser is responsible for the postponement or cancellation;
Fees already incurred in the interest of the customer (e.g. advance booking, dispatch and processing fees) will not be refunded,
shipping and handling charges) will not be refunded. In the event of a
postponement of a match within a tournament day, the corresponding tickets
tickets remain valid.
(4) If a complete tournament day
tournament day of the event is cancelled without an official
official rally of a match has taken place and an additional tournament day is therefore
additional tournament day is organised as part of the event, a replacement ticket will be
a replacement ticket will be issued on presentation of the corresponding ticket or the
existing ticket remains valid for the new day of the event.
If there is insufficient capacity for the replacement date, the organiser reserves the
the organiser reserves the right to cancel the ticket and refund the purchase price
including the fees.
(5) If the entire event is
event is cancelled or if it has to take place in whole or in part with the exclusion of
or by the authorities in whole or in part with the exclusion of spectators, the
the affected customer will be refunded the ticket price against return of the tickets; fees already
fees already incurred in the interest of the customer (e.g. advance booking, dispatch and
processing fees) will not be refunded in any case.
(6) Every ticket holder is
obliged to inform himself/herself in good time in advance of an event and the
tournament days in good time about possible postponements, spectator exclusions and other
further applicable regulations. The latest
information on this can be found at https://www.bmwopen.de/en/
.
(7) The organiser shall not be liable
cases of this § 7, the organiser shall not be liable to the customer for futile expenses
(e.g. wasted travel and accommodation costs), unless the organiser has
organiser is responsible for the event causing the change in the contractual
event causing the change in the contractual relationship or if a consideration of the conflicting interests of the
interests of the customer with the interests of the organiser speak in favour of
liability.
§ 8 Transfer of tickets
(1) To prevent the unauthorised
unauthorised distribution of tickets, in particular for security reasons, to avoid
speculation, and to maintain the broadest possible supply of tickets to potential
supply of tickets to potential visitors at socially acceptable prices, it is in the
prices, it is in the legitimate interests of both the organiser and the
of both the organiser and the spectators to appropriately restrict the distribution of tickets.
(2) The sale of tickets
is exclusively for private use. The purchase of tickets for
commercial resale is prohibited and remains the sole right of the organiser.
reserved to the organiser. Against this background, the ticket holder is in particular
not permitted to sell tickets
a)public,
in particular at auctions or on the Internet (e.g. on eBay, classified ads,
Facebook) and/or on sales platforms not authorised by the organiser
(e.g. viagogo, seatwave, StubHub etc.) that are not authorised by the organiser.
and/or to sell or pass on, expressly also if the offer
the sale or transfer is made without profit or price mark-up; or
b)at a higher
higher than the original price paid in accordance with the applicable
price list (a surcharge of up to 8% to compensate for transaction costs incurred is
transaction costs incurred is permissible); or
c)regularly
and/or in a larger number, be it on one tournament day
or spread over several tournament days; or
d)to
commercial or industrial resellers and/or ticket retailers; or
sell or transfer tickets; or
e)without the express
the express prior written consent of the organiser for commercial or
commercial or industrial use, in particular for the purposes of advertising, marketing
advertising, marketing, as a bonus, as a promotional gift, as a prize or as part of an
part of an unauthorised hospitality or travel package; or
f)resell,
if these tickets were purchased using automated procedures
which serve to impose restrictions on the number of tickets to be purchased by a person
(see Section 2 (3)) or other regulations applicable to the sale of tickets (so-called
applicable regulations (so-called BOT purchases); or
g)by means of
so-called BOT purchases.
(3) The private transfer of a
ticket for non-commercial reasons, in particular in individual cases in the event of
cases of illness or other prevention of the customer, is permitted if there is no
there is no case of unauthorised transfer or acquisition within the meaning of § 8 (2) and
and
a)the
forwarding via an official clubsale platform offered by the organiser and communicated accordingly
official clubsale platform (available at https://www.ticket-onlineshop.com/ols/bmwopen/;"Clubsale"), provided that the tickets purchased for the
purchased tickets the transfer of the ticket for the respective event is
is authorised on Clubsale and in the manner specified for this via Clubsale; or
manner specified for this purpose via Clubsale; or
b)the
customer (1) expressly informs the new owner of the validity and content of these GTC
(2) the new holder agrees with the validity of these GTC between him
between him and the organiser, (3) the new holder agrees to the disclosure of his name
name, address and date of birth to the Organiser and to the processing of this
the Organiser and the processing of this data for the execution of the contract by the
the organiser and (4) the organiser (in particular due to externally
due to externally ordered health or other necessary safety
security measures, but in each case in accordance with applicable data protection law)
stating the personal data of the new holder (regularly name,
address, date of birth) in good time about the transfer of the ticket
or the organiser has implicitly declared the transfer to the new holder to be
as authorised.
(4) The Organiser may, at its own
customer the option, at its own discretion, of using Clubsale to purchase a ticket
already purchased ticket (no season tickets, VIP tickets or discounted tickets)
for the designated tournament day or the designated match for resale to potential
resale to potential secondary market purchasers in accordance with the following regulations
to offer.
a)Before
placing a ticket for resale on Clubsale, the customer must register online.
register online. The organiser reserves the right in justified individual cases
the right to reject offers of tickets via Clubsale. The posting
and offering a ticket does not necessarily lead to a successful resale via Clubsale.
resale via Clubsale.
b)As soon as
a customer has placed an offer for a ticket for resale on Clubsale
for resale, he undertakes for the duration of the posted offer not to dispose of
rights arising from this ticket (e.g. sale, transfer, access to the event).
event). The customer is liable in the event of infringements for any
resulting damages. In addition, the organiser reserves the right
the sanctions listed in § 8 (5) against the customer or ticket holder concerned.
against the customer or ticket holder concerned.
c)The organiser
organiser informs the customer as soon as the ticket has been successfully
has been sold. The organiser becomes the contractual partner of the secondary market purchaser,
not the original customer. § 2 (1) applies to orders of tickets by
the secondary market purchaser via Clubsale accordingly. From this point in time, the
customer's offer is binding and the customer loses the right to attend the event
vested right to attend. The customer shall receive a credit note from the organiser
amount of the (pro rata) original price of the corresponding ticket less any service
any service, operating and shipping costs incurred by the organiser.
(5) In the event of one or more
violations of the regulation in § 8 (2) and/or other unauthorised
tickets, the Organiser shall be entitled to an injunction due to the risk of
risk of repetition. In addition, the organiser is
entitled,
a)Tickets,
used before delivery or dispatch to the customer contrary to the provisions of § 8 (2); and/or
shall not be delivered to the customer and/or shall be cancelled;
b)to block and/or cancel the
to block and/or cancel the affected tickets without compensation and
deny the holder access to the tournament grounds without compensation or
to expel the holder from the tournament grounds without compensation;
c)affected
customers from purchasing tickets for a reasonable period of time, but for a maximum of five (5)
years, for events that are not subject to these General Terms and Conditions
the length of the ban is determined by the number of offences, the number of
the number of infringements, the number of tickets offered, sold, passed on or
tickets offered, sold, passed on or used as well as any proceeds generated by the resale;
d)other,
tickets already purchased by the customer concerned from the organiser, also
for comparable events, shall not be delivered to the customer concerned
and to cancel them against reimbursement of the price paid; and/or
e)against
to impose a contractual penalty on the customer in accordance with § 11 or to demand the corresponding
the unauthorised offer in accordance with § 12 from the customer.
from the customer.
(6) The processing of the data
of the new holder of the ticket (regularly name, address and date of birth)
is carried out on the one hand to fulfil the contracts between him and the organiser
and between him and the customer in accordance with Art. 6 para. 1, sentence 1 b) GDPR.
On the other hand, this data processing is carried out to safeguard the legitimate
interests of the organiser (see Section 8 (1)) pursuant to Art. 6 (1) sentence 1 f) GDPR.
§ 9 Tournament grounds
(1) The organiser does not want
not grant access to events and the tournament grounds to everyone, but only to those
the requirements for a legitimisation document in accordance with § 808 BGB only to those
only to those ticket holders who have purchased tickets as customers in accordance with § 2 (1) or
as a customer in accordance with § 2 (1) or in the context of an authorised transfer in accordance with § 8 (3)
fulfil any further applicable admission requirements (e.g. in accordance with § 9 (5)). The Organiser
therefore only grants access to its customers who are authorised by means of
individualisation features (e.g. name imprint, barcode and/or QR code, etc.) or
etc.) or secondary purchasers who have purchased tickets in accordance with Section 8 (3)
are entitled to access to the tournament grounds ("right of access").
As proof of identity, the customer or the respective ticket holder must
carry a suitable official identification document (e.g. identity card) with him/her
identity card and present it at the request of the organiser or
security personnel. Tickets purchased on sales platforms not
platforms not authorised by the organiser or offered for sale by other third parties
by other third parties do not convey any right of admission and may in particular
legal consequences according to § 8 (5). The Organiser shall fulfil its obligations
obligations incumbent upon it with regard to the right of access of the respective
ticket holder by granting access to the event(s) once.
The Organiser shall also be released from its obligation to perform vis-à-vis the
customer if the ticket holder has not acquired an effective right of access in accordance with this § 9.
has acquired. At the request of the Organiser, the Ticket Holder shall - taking
the organiser - taking into account data protection regulations - to indicate
how and at what price they purchased the tickets; this may also include
This may also include naming the ticket seller.
(2) Upon entering the
tournament grounds, the customer undertakes to comply with the terms and conditions
at any time at https://www.bmwopen.de/en/agbs
which can be viewed at any time. These apply upon entry to the
regardless of the validity of these GTC. On the
The instructions of the operator of the facility, the organiser and the security service
organiser and the security service for the implementation of the house rules. The
ticket holder is obliged to follow the instructions of the stewards, security
security personnel, the police and other personnel appointed by the organiser
personnel appointed by the organiser on the tournament grounds.
(3) Animals may not be brought onto the
on the tournament grounds, with the exception of guide dogs for the blind in accordance with § 33 Para. 1 S.
1 SGB V and comparable assistance dogs.
(4) In principle, every customer
or ticket holder with a validly acquired admission right is authorised to enter the
tournament grounds. Access to the tournament grounds may nevertheless
be refused if
a)the
customer or ticket holder refuses to submit to a security check before entering the
area, at the entrance or on the tournament grounds, the customer or ticket holder
security staff before entering the restricted area, at the entrance or on the
or objects carried by the security personnel; persons who bring objects and/or animals
and/or animals into the showgrounds without authorisation and/or who do not
security personnel may be expelled from the tournament grounds. The
organiser reserves the right to impose a fee for certain items brought onto the
the tournament grounds, the organiser reserves the right to designate separate
control points or entrances; or
b)the customer or ticket holder
customer or ticket holder has already entered the perimeter of the tournament
area of the tournament grounds once and then left it again; in this case
in this case, the ticket loses its validity, unless exit and re-entry
unless exit and re-entry have been expressly or impliedly agreed with the organiser; or
implicitly agreed with the organiser; or
c)the customisation features
individualisation features anchored in or on the tickets (e.g. name imprint, bar and/or
name imprint, barcode and/or QR code, serial number, etc.) have been manipulated,
or damaged, or an access attempt has already been made with the ticket, insofar as
access has already been attempted with the ticket, unless the organiser is responsible for this
is not responsible; or
d)the
ticket holder is not the same person as the customer who is
stored accordingly as a customer and noted on the ticket via the individualisation
the ticket, unless there is a case of authorised transfer in accordance with
transfer according to § 8 (3); or
e)if
technical failures that are clearly attributable to the ticket holder (e.g. defective smartphone
smartphone defective, printout not legible, etc.) mean that electronic
electronic access control is not possible.
In the event of a justified
refusal of admission, the customer or ticket holder is not entitled to compensation.
to compensation.
(5) For
important reason, e.g. due to externally ordered health or other necessary
necessary safety measures, the organiser is entitled (and if necessary
data protection regulations, the Organiser is entitled (and possibly obliged) to impose special
conditions of access for the purchase of tickets or access to the tournament grounds
tournament grounds and to enforce compliance with them. The organiser
is authorised in particular in this context,
a)
certain requirements or proof as a condition for purchasing tickets
condition for the purchase of tickets and/or access to the tournament grounds
and to have this documented by the ticket holder in the sense of an admission requirement
by the ticket holder as a condition of entry;
b)
to set up specific access time windows for certain ticket holders.
access time slots for certain ticket holders. The ticket holder is then obliged to
comply with such time specifications. In the event of wilful or negligent non-compliance
non-compliance, the ticket holder may be denied access to the tournament grounds without
tournament grounds without compensation;
c)
the purchase of tickets or access to and stay on the tournament grounds
and stay on the tournament grounds are subject to additional rules, regulations and requirements
requirements (e.g. provision of additional personal data). The
applicable rules, regulations and requirements will be made available to customers
customers in good time and must be observed by all ticket holders from the date of
must comply with them from the time of notification. Corresponding instructions from the organiser,
police and/or security personnel must be followed.
If
the customer or ticket holder is unable to fulfil the special access conditions in accordance with this
§ 9 (5), the organiser may, for good cause, refuse the purchase of tickets
the purchase of tickets or access to or stay on the tournament grounds for good cause
or expel him/her from the tournament grounds and exclude him/her from purchasing tickets for a
from purchasing tickets for a reasonable period of time. Recourse claims
against the organiser are excluded in such a case. The other
measures or legal consequences specified in § 8 (5) apply accordingly in the event of an
offence accordingly. There is no right of cancellation if
the specific special terms and conditions of admission were already
or expires at the latest with each entry to the tournament grounds
tournament grounds during the period of validity of the specific
conditions of admission.
(7) Each child or young person
requires their own ticket to enter the tournament grounds. Only children up to
up to and including the age of five who do not occupy their own seat on the
the tournament grounds do not need their own ticket to enter the tournament grounds.
tournament grounds. The admission of children and young people
is subject to the legal regulations for the protection of minors (in particular JuSchG).
Other regulations or regulations that go beyond this may result from
may result from the conditions imposed by the responsible public order office. These take precedence over the
above regulations.
(8) To ensure the safety
security on the tournament grounds and to support the work of the law enforcement
and law enforcement authorities, the tournament site and, in some cases, the area
the surroundings of the tournament site in accordance with Art. 6 para. 1 sentence 1 f) GDPR
video surveillance. Such recordings will be treated confidentially by the organiser
confidentially, but can be used as evidence, particularly in the event of suspected and/or
the occurrence of criminal offences as evidence. In the event of uneventful realisation
of an event recorded using a video camera, the recordings will be
deleted in accordance with the applicable data protection regulations, in particular the GDPR
and the BDSG, will be deleted. Insofar as regulatory and law enforcement authorities use video surveillance
video surveillance systems on the tournament site and in its surroundings to
and its surroundings to avert danger and prosecute offences, this is done on their
own responsibility within the meaning of Art. 4 No. 7 GDPR. Further
information on data protection can be found under § 13.
(9) On the tournament grounds,
especially for the protection of children and families, an absolute ban on smoking and
consumption of cannabis within the meaning of Section 1 No. 8 of the Consumer Cannabis Act.
In the event of violations of the aforementioned prohibitions, the organiser and its
authorised personnel are entitled at any time to remove ticket holders, customers and guests
from the tournament grounds without compensation.
§ 10 Image and sound recordings
(1) Ticket holders and visitors
are not permitted to make audio, photographic, film or video recordings or other
descriptions and results of the event for public or commercial
commercial purposes, to reproduce, transmit or otherwise utilise or
use or distribute in any other way; recordings for purely private purposes are
private purposes are permitted. Under no circumstances is the distribution or
reproduction of sound, photo, film or video recordings of the event or parts of the event
parts of the event via the Internet, radio, television, data carriers (e.g.
data carriers (e.g. DVDs etc.) or other media, including those created in the future
media or the support of third parties in such activities without the
prior written permission by the organiser. The same
applies to the support of other persons in such activities.
(2) For the purpose of public
public reporting and advertising of the event in question, the organiser
organiser, MTTV Iphitos e.V., BMW AG and third parties commissioned by the organiser
or otherwise authorised third parties (e.g. radio, press, partners, sponsors) in accordance with
Art. 6 para. 1, sentence 1 f) GDPR, independently of each other, image and sound recordings
that may show the ticket holder as a spectator and use them for these purposes.
use them for these purposes. The legitimate interest lies in positioning the
to position and exploit the event in the media. Further information
on data protection can be found under § 13. If a customer purchases tickets not only for
himself, but also for other holders with an effective right of
right of access, the customer is obliged to ensure that the information is forwarded to the
the respective holder.
§ 11 Contractual penalty
(1) In the event of a culpable
breach of these GTC by the customer, in particular against one or more
provisions in § 8, the Organiser shall be entitled to take measures in addition to those
GTC and without prejudice to any further claims for damages, the organiser is
claims for damages, the Organiser is entitled to impose a reasonable contractual penalty of
of up to EUR 2,500.00 against the customer.
(2) Decisive for the amount of the
contractual penalty shall be determined in particular by the number and intensity of the infringements,
the type and degree of fault (intent or negligence), the efforts and success of the
efforts and successes of the customer with regard to compensation, the question of whether
and to what extent the customer is a "repeat offender" and, in the case of unauthorised
unauthorised resale of tickets, the number of tickets offered, sold, passed on or used,
tickets offered, sold, passed on or used, as well as any proceeds or profits generated by the
proceeds or profits realised from the resale. The contractual penalty may include the
exceed the proceeds or profits realised from the resale.
§ Section 12 Payment of surplus proceeds
(1) In the event of unauthorised
transfer of tickets in accordance with § 8 (2) by the customer, the organiser shall be
irrespective of or in addition to the imposition of a contractual penalty pursuant to §
11 and in addition to the other measures and sanctions possible under these GTC
sanctions possible under these GTC, the Organiser is entitled to claim from the customer the
the additional proceeds or profit realised from the unauthorised ticket transfer in whole or in part.
from the customer.
(2) Decisive for the question of whether
and to what extent the additional proceeds must be paid out are the criteria specified in § 11 (2)
shall be decisive.
§ 13 Data protection
Personal data, such as
name, address, telephone number, bank details, etc. are collected in accordance with the GDPR,
processed and otherwise used insofar as this is necessary for the specific fulfilment of the
contract is required. This also includes the dispatch of event-related
event-related information. Further information on this can be found in the privacy policy of the
organiser under the following link https://www.bmwopen.de/en/datenschutz/
can be found here. The customer is obliged during existing contractual obligations to
to inform the Organiser immediately of any changes to their contact details.
§ 14 Liability
(1) The stay at and on the tournament
tournament grounds is at your own risk.
(2) The liability of the organiser
for damages is excluded insofar as the organiser, its legal representatives
representatives or vicarious agents can only be accused of simple negligence
negligence can be attributed to the organiser, unless the breach concerns an
concerns an obligation that is essential for achieving the purpose of the contract
purpose of the contract (cardinal obligation). In this case, the
organiser is liable for the foreseeable, typically occurring damage. For
culpably caused damage to life, limb or health, the organiser shall be
organiser is liable without limitation.
(3) Accidents or damage must be reported to the
the organiser immediately.
§ 15 Contact address
Enquiries and all matters
matters relating to tickets can be directed to the organiser
contact options to the organiser: MMP Event GmbH, Widdersdorfer
Str. 190, 50825 Cologne; telephone: +49-221-940577-0; e-mail: info@mmpevent.de.
§ 16 Additions and amendments
The organiser is responsible for
market conditions and/or the legal situation and/or the jurisdiction of the
the highest court rulings, even in the case of existing contractual obligations
authorised to amend these GTC with a notice period of four (4) weeks in advance
and/or amend them, provided this is reasonable for the customer. The respective
The customer will be notified of the respective changes using the contact
contact details last provided to the Organiser, in particular by email. The
changes shall be deemed approved if the customer does not object to the changes in writing
period specified in the notification after receipt of the changes in writing, by e-mail
e-mail or via the medium set up by the organiser for this purpose
medium set up by the organiser for this purpose, provided that the organiser has
fiction of approval in the announcement. An
objection entitles the organiser to extraordinary termination of the legal
cancellation of the legal relationship concerned.
§ 17 General provisions
(1) For all services, Cologne shall be the
is the sole place of fulfilment. German law shall apply exclusively to the
the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Sale of Goods (CISG).
(2) Should individual clauses
clauses of these GTC are invalid in whole or in part, this shall not affect the validity of the
remaining clauses or remaining parts of such clauses. An invalid
provision shall be replaced by a provision that comes as close as possible to the
economic purpose of the invalid provision.
(3) For all disputes with
merchants within the meaning of the German Commercial Code (HGB) and legal entities under public law,
orders based on these GTC, including the realisation of the event
event, the place of jurisdiction shall be Cologne. The same applies to
cross-border contracts, a lack of a general place of jurisdiction in Germany or the
or if the place of residence or habitual abode is unknown at the time the
place of residence at the time the action is brought.
(4) The EU provides an
online platform that customers can use to settle consumer disputes out of court: .
out-of-court settlement of consumer disputes: http: //ec.europa.eu/consumers/odr/.
The Organiser does not participate in dispute resolution proceedings before a
consumer arbitration board (see § 36 VSBG).
(5) Insofar as these GTC are available
languages, the German version shall prevail.
version shall prevail.
GTC
General terms and conditions
Imprint
Imprint
Data protection
GDPR
Responsible persons
MMP Event GmbH
Responsibility
MMP Event GmbH
Widdersdorfer Str. 190
50825 Cologne
0221 9405770
https://www.mmpevent.de/