1. Scope of application
These General Terms and Conditions (hereinafter GTC) apply to events offered by BA Management GmbH – hereinafter BA – in its own name.
Should further GTC be included in the contract, these GTC shall take precedence over further GTC, in the event of contradictions.
In addition to these GTC, the house rules (which can be viewed at the venue) shall apply. In the event of contradictions, these General Terms and Conditions shall take precedence over the house rules.
2. Contractual partners/services
BA sells admission tickets exclusively as organizer in its own name. The rights and obligations arising from the Event Contract are therefore established between BA and the customer, so that the customer's claims arising from the Event Contract (e.g., concerning cancellation, postponement) must be asserted directly against BA.
3. Order/Conclusion of Contract
The customer's order via telephone or the online shop constitutes the offer to conclude the Event Contract, which is accepted by BA in accordance with the following provisions.
In the case of an order via phone, the contract is concluded by the declaration of acceptance by the BA employee on the phone.
In the case of an order via online shop, the contract is concluded as follows:
The customer selects the ticket he intends to purchase and places it in his shopping cart. Via the button “Add to shopping cart”, he/she is forwarded to the button “Go to shopping cart” and is then requested to enter his/her personal data or to log in and to specify the desired delivery method. The customer is then shown the available payment methods. After selecting the payment method, the customer is shown all order data on the order summary page. As soon as the customer has confirmed that he/she has read and understood the General Terms and Conditions and the data protection provisions and then clicked on the “Order now with costs” button, he/she places the order and thus submits his/her offer to conclude the contract. The Organizer's confirmation of acceptance shall be sent by e-mail.
As long as the button “order now with costs” has not been clicked, the order data can be changed or the purchase cancelled at any time. To change the order data, the “back” button can be clicked (also via the “back” function of the browser). It is also possible to call up the desired page of the order process up via the individual button of the shopping basket system, in order to make changes there.
The actual contract text of the order is not saved. Before sending the order, however, it is possible to save the data yourself. This data can also be viewed in the customer’s account at any time after the order has been placed.
4. Price components/shipping costs/payment conditions
The amount to be paid by the customer for the admission tickets may exceed the prices printed on the admission tickets as, for example, processing and shipping costs are charged. If BA's online shop charges processing and shipping costs, these will be visible in the shopping basket before the customer's order is placed, so that the total price to be paid can be seen. All prices stated in the online shop include the applicable statutory value added tax.
Depending on the event and order modalities, the customer can choose between the following payment methods, when placing his order: Prepayment, PayPal, Credit Card.
In the case of payment in advance, the total price must be transferred to the account specified by BA by the date specified in the invoice. The tickets ordered will not be dispatched until the full amount
has been received.
If an instant payment system (PayPal, instant transfer) has been selected as the method of payment, the customer will be redirected either to the order overview page or to the corresponding website of the provider of the instant payment system. There, the customer must then make the appropriate selection or enter the personal data.
BA reserves the right to restrict the use of the above-mentioned payment methods individually to the use of one or only certain payment methods.
5. Due date / retention of title / return debit note
The purchase price shall become due immediately upon conclusion of the contract, unless otherwise notified by BA.
The tickets remain the property of BA until full payment has been made.
If, in the case of payment by credit card, a payment is charged back, the customer is obliged to reimburse the costs incurred by the chargeback, in particular the fees of third parties, such as the banks involved. Any further claims of BA due to default or non-performance by the Customer shall remain unaffected. In order to avoid the costs associated with a return debit note, the customer is requested, in the event of a withdrawal from the purchase contract, a return, or a complaint, not to object to the debit note but to consult with BA about the reversal of the payment.
6 Delivery/risk transfer
The tickets will be handed over to the customer immediately on site, sent to the customer at the customer's request or be available as print-at-home tickets or mobile tickets. Tickets can only be sent at the latest 10 days before the respective event. In the event that a print-at-home ticket is used, only the first print-out presented to the admission staff shall entitle the holder to admission to the respective event. Copies or reprints of this ticket are made at your own risk.
If the tickets are shipped at the customer's request, the risk of accidental destruction, loss and accidental deterioration shall pass to the customer, as soon as BA has handed over the tickets to the shipping company. The choice of shipping company is made by BA.
If the tickets are deposited at the box office at the request of the customer, the customer may only collect the tickets there during opening hours.
7. Purchase under somebody else’s name or by agents/contractual penalty
The purchase of tickets under somebody else's name, in particular by operators of internet ticket platforms, is prohibited.
BA is entitled to withdraw from the contract (e.g., by blocking the admission tickets) if an admission ticket is purchased in contravention of the prohibition set out in Clause 7.1 and the contract was initially concluded in the absence of BA's knowledge prior to the breach.
The purchaser of the admission ticket is also obliged to pay BA a contractual penalty for each breach of the prohibition under clause 7.1., the amount of which is to be determined by BA at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed €1,500.00 per breach. The number of breaches shall be determined by the number of tickets purchased under another person's name.
Provided that the Customer is entitled to a refund due to the withdrawal in accordance with 7.2, BA may set this off against the contractual penalty in accordance with Clause 7.3. Further claims for damages remain unaffected, whereby the contractual penalties are offset against claims for damages based on the same facts.
The customer may not revoke his declaration aimed at conclusion of the contract, as there is no right of revocation pursuant to section 312g, Paragraph 2, 1st Clause, No. 9 of the BGB (German Civil Code). The tickets are therefore excluded from return.
The data collected in connection with orders in the online shop and telephone sales will be collected, processed and used in accordance with the valid data protection regulations for the purpose of processing the order, delivering the ordered items and processing payment. Further information can be found in our data protection declarations at www.berin-iglesias.art/datenschutz.
9. Cancellation, postponement, and change of events by BA
BA reserves the right to cancel or terminate an event due to force majeure (in particular earthquakes, floods, storms, fire, war, strikes, externally caused disruptions to the event – such as power failures – because the state security authorities advise against or prohibit the performance, or continuation of the event due to the risk of a terrorist attack, or due to the prevention, illness, or death of a performer, if no replacement is available or this is indicated for reasons of piety). The foregoing shall apply accordingly in the event of epidemics, plagues, or other contagious diseases. In this case, the customer shall be refunded the admission price in full, or – if the event is cancelled – on a pro rata basis. Further claims by the customer are excluded, if BA is not responsible for the reason for the cancellation or termination of the event. BA's statutory rights to cancel or terminate an event remain unaffected.
BA reserves the right, in the event of the impediment, illness, or death of a performer, to change the cast and/or the programme at its reasonable discretion. BA also reserves the right to move the event to a different venue or date at its reasonable discretion due to a reason mentioned in clause 9.1, provided that, taking into account BA's interests, this is reasonable for the customer. In this case, the customer's rights of withdrawal and/or reduction are excluded. BA's statutory rights to reschedule or change an event remain unaffected. In this case, the customer will only be refunded the admission fee in full or on a pro rata basis.
BA reserves the right, even after conclusion of the contract, to assign the customer to another place for the event concerned, in one's fair judgement, if the place shown on the ticket is not available (e.g., due to defect) and, taking into account BA's interests, this is reasonable for the customer. In this case, the customer's rights of withdrawal and/or reduction are excluded. BA's statutory rights to change the place remain unaffected. 10.
10 Liability of BA and its vicarious agents and legal representatives
BA's liability for damages resulting from injury to life, body, or health which is not based on a culpable (i.e., intentional or negligent) breach of duty by BA or its legal representatives or vicarious agents is excluded.
BA shall only be liable for damages other than those resulting from injury to life, body, or health if they are due to intent or gross negligence on the part of BA or its legal representative or vicarious agent. However, to the extent that the damages are based on the breach of material contractual obligations (i.e., obligations of which the fulfilment is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies or may rely on), BA shall be liable for any fault, but limited to the foreseeable damage typical for the contract.
Liability under the Product Liability Act, which governs the liability of a manufacturer for products, remains unaffected by Clauses 11.1 and 11.2.
The provisions under Clauses 11.1. to 11.3. shall apply according to the liability of BA's vicarious agents and legal representatives.
11. Choice of law/agreement on international and local jurisdiction
The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The German courts shall have exclusive international jurisdiction for legal disputes or in connection with the event contract if the customer has concluded the contract for a purpose which can be attributed to his professional or commercial activity or if the customer has his place of residence or habitual abode in the Federal Republic of Germany at the time of conclusion of the contract. Otherwise, the statutory provisions on jurisdiction shall apply.
If German courts have international jurisdiction and the customer was a merchant at the time of conclusion of the contract, the local court of Düsseldorf or the regional court of Düsseldorf shall have exclusive jurisdiction. In all other respects, the statutory provisions on jurisdiction shall apply.
BA Management GmbH
Deutschland / Germany
DB Privat- und Firmenkundenbank AG
IBAN: DE36 3007 0024 0199 9069 00
Local Court Düsseldorf
Managing Director: Simon Harats