General Terms and Conditions for the Online Ticket Shop of DO IT! GmbH on behalf of Telekom Deutschland GmbH in the context of the “DIGITAL X 2020” (“GTC Online Ticket Shop”)
1. Scope of application
1.1 DO IT! Gesellschaft für Field-Activation, Event-Management und Sponsoring mbH (“DO IT”) is not itself the organiser of the events offered as part of the “DIGITAL X” event series (each for itself: “event“) or operator of the interactive platform DIGITAL X Community. By purchasing an admission card (“ticket“), contractual relations with regard to the attendance of the event – in particular with regard to the execution and content of the event – and participation in the DIGITAL X Community are established exclusively between the respective ticket purchaser (“customer”) and the organiser Telekom Deutschland GmbH (“organiser“). DO IT! sells the tickets on behalf of the organiser in its name and on its account.
1.2 Legally separate, a contract for the processing of the ticket purchase is concluded between the respective customer and DO IT! (ticket brokerage contract). Ticket brokerage includes in particular the reservation, sale and delivery of tickets to the customer.
1.3 These General Terms and Conditions (“GTC Online Ticket Shop“) apply to the entire online offer at https://tickets.digital-x.eu/DX/CAMPUS2020/Landing/dx1120 or https://tickets.digital-x.eu/DX/CAMPUS2020/Authenticate (“Online Ticket Shop“) as well as to all other services provided by DO IT! on behalf of the organiser for ticket brokerage and the creation of an interactive platform, in the version valid at the time of the order or registration. Deviating terms and conditions (“GTC”) of the customer will not be accepted unless DO IT! and the organiser explicitly agree to their validity in writing. The following GTC Online Ticket Shop shall apply in addition to any other GTC of the event organiser for attending the event. In the relationship between the organiser and the customer, the GTC Online Ticket Shop have priority over any other GTC stipulated for the event.
2. Validity/right of modification
2.1 By registering via the Online Ticket Shop or by carrying out an ordering process even without prior registration, the customer acknowledges the validity of the GTC Online Ticket Shop.
2.2 DO IT! will immediately inform the customer of any changes to the GTC Online Ticket Shop. Once the notification has been made, the modification shall be deemed to have been approved if the customer does not object to it in writing or by means of electronic communication within six weeks; the date of communication of the objection shall be decisive. DO IT! shall then base the further business relationship on the amended version of the GTC Online Ticket Shop. DO IT! will inform the customer of the consequences of his/her silence when announcing the modification.
3. Use of the Online Ticket Shop
3.1 The customer assures that all data given by him during the ordering process are true and complete and that he/she is authorised to dispose of the means of payment given by him (bank account, credit card data).
3.2 If the customer registers during the ordering process, he/she has to choose a password with a high “password strength“. The customer is obliged to keep this password secret and not to pass it on to third parties. This also applies to such registration and log-in data that the customer has generated from previous registration processes via third parties – in particular via meetyoo conferencing GmbH (“meetyoo”) or ADITUS GmbH (“ADITUS”) – and now also wishes to use this data in relation to DO IT! and its partners. The customer has to inform DO IT! immediately if he/she learns about or suspects unauthorised use of his/her account.
3.3 The customer is liable for any misuse of the access data to be kept secret by him.
3.4 The customer undertakes not to disrupt the proper functioning of the Online Ticket Shop through technical intervention.
4. Orders/conclusion of contract
4.1 The tickets offered in the Online Ticket Shop represent a non-binding request to the customer to order them. Only by placing an order does the customer submit a binding offer to conclude a contract with the organiser. DO IT! accepts the customer's contract offer on behalf of the organiser and within the scope of the availability of the tickets by sending the customer an order confirmation by e-mail. This acceptance is subject to the condition precedent of complete payment in due time. If DO IT! determines during the processing of the order that the ordered tickets are not available, the customer will be informed separately by e-mail. In principle, there is no right of return or refund for ordered tickets.
4.2 If participation in the respective event is expressly free of charge, the contract is concluded when the customer has successfully completed the ordering process in accordance with the GTC Online Ticket Shop and DO IT! confirms this to the customer by notifying him in accordance with section 4.1 within the scope of ticket availability.
4.3 The order may also be placed on behalf of a third party designated by name. In this case, all personal data of this third party, apart from telephone number and e-mail address, are recorded. Structural data of this third party is also queried and recorded. By placing the order, the customer assures that he/she is sufficiently authorised to pass on this data of the third party.
4.4 Tickets for the event may not be resold commercially or otherwise transferred to third parties. Commercial and business ticket sales are reserved solely for the organiser and the advance booking offices authorised by the organiser.
4.5 Tickets may not be sold privately at a price that exceeds the original price printed on the ticket by more than 15 per cent (plus a flat rate of EUR 2). Tickets purchased under deception about their intention to resell may not be sold privately, not even via Internet auction houses or Internet ticket exchanges not authorised by the organiser.
4.6 DO IT! reserves the right to block access to the use of the Online Ticket Shop or not to accept ticket orders if DO IT! has reasonable grounds to suspect that these provisions are being violated. DO IT! points out that DO IT! informs organisers of violations of resale bans and that organisers usually deny access of ticket holders to the respective event due to breach of contract, thus rendering the ticket invalid. Furthermore, for each culpable violation of one of the prohibitions mentioned in clauses 4.4 and 4.5, the customer is obliged to pay a contractual penalty, the amount of which is to be determined by the organiser at its reasonable discretion and can be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500. The number of infringements is determined in particular by the number of unlawfully offered visiting rights or tickets as well as the amount of resale prices.
4.7 With the order of a ticket, the customer agrees to be adequately checked during the event.
5.Storage of personal data and data protection
5.1 DO IT! processes personal data in compliance with the applicable data protection regulations. The data processing is carried out in accordance with Article 6(1)(1)(a)-(f) of the General Data Protection Regulation (GDPR), for example on the basis of consent, for the fulfilment of the contract and to protect the legitimate interests of DO IT! or third parties.
5.2 This data processing is carried out on behalf of the organiser, Telekom Deutschland GmbH. DO IT! and the organiser are in this respect joint controllers in the sense of Article 26 GDPR.
5.3 For the rest reference is made to the data protection declaration of DO IT!, available under: https://www.digital-x.eu/en/privacy-policy.
6. Withdrawal and right of return (Widerrufsrecht)
6.1 The regulations on withdrawal (Widerruf) and the right of return for distance contracts with customers (Fernabsatzvertrag) are not applicable to the purchase of tickets for scheduled events in connection with leisure activities on the basis of section 312g(2)(1)(9) of the German Civil Code (BGB). This means that a two-week right of withdrawal and return does not exist in this respect. Purchased tickets will not be taken back.
6.2 Outside the scope of the exceptions described in section 6.1, there is a right of withdrawal and return for consumers with regard to the purchase of tickets, vouchers and goods in accordance with the statutory provisions, about which DO IT! will provide information below in accordance with the statutory model.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you (other than a carrier) took or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us
DO IT! Gesellschaft für Field-Activation, Event-Management und Sponsoring mbH, Bahnstraße 2, 40212 Dusseldorf, phone: +49 (0) 211 864 120, fax: +49 (0) 211 864 1228, e-mail: firstname.lastname@example.org
by means of an explicit statement (for example by a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form (Muster-Widerrufsformular), which is not mandatory.
To meet the deadline, it is sufficient that you send notification of the exercise of your right of withdrawal before the end of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall promptly refund to you all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choice of a different method of delivery from the cheapest standard delivery we offered), and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may withhold a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must promptly return or hand over the goods to us, and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. This deadline is met if you dispatch the goods before the expiry of the fourteen-day period.
You are to bear the direct costs for returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods, which is not necessary for checking their nature, properties and functioning.
End of the withdrawal instruction
Withdrawal instruction and sample withdrawal form as download (pdf.) (https://telekom-digitalx-content-develop.s3.eu-central-1.amazonaws.com/Widthdrawal_instructions_widthdrawal_sample_74284cdfa3.pdf)
7. Terms of payment and retention of title (Zahlungsbedingungen und Eigentumsvorbehalt)
7.1 If the respective event from the “DIGITAL X” event series is shown as an event with costs, tickets can be paid for by credit card, via PayPal or by advance payment (up to four weeks before the event). Unless otherwise agreed, the prices quoted by DO IT! are in Euro including VAT.
7.2 The contract is concluded when the purchase price is credited to DO IT!. After receipt of the order, the customer will receive a confirmation message by e-mail including the corresponding invoice and the ticket (as a PDF and/or wallet ticket), even if the order was placed for a third party, in case of purchase by credit card and PayPal by e-mail. With the prepayment purchase option, the customer receives a confirmation e-mail including the invoice. The associated ticket is only released once the invoice amount has been received.
7.3 Immediately after receipt of the confirmation message sent by e-mail and after receipt of the ticket, the customer is obliged to check the order and delivered tickets for correctness and completeness. In case of incorrectly issued tickets, the customer is obligated to inform DO IT! immediately in writing (by e-mail to email@example.com, or by letter to DO IT! GmbH, Bahnstraße 2, 40212 Dusseldorf, or by fax to +49 (0) 211 864 1228). In this case, DO IT! shall endeavour to provide the customer with access to the event according to the specifications provided by the customer when placing the order. Should this not be possible (for example if the event is sold out in the meantime), the customer is entitled to withdraw from the ticket purchase. If DO IT! is not informed immediately, further claims of the customer are excluded.
7.4 If the customer has a voucher number, he/she can enter it in the Online Ticket Shop. This will add the ticket directly to the shopping cart. Once the voucher number has been entered, the paper voucher loses its validity. Exchanges, returns and refunds of the voucher are excluded. If the voucher file is lost on the purchaser's computer, the risk of loss lies with the purchaser. In all other respects, sections 7.2 and 7.3 apply accordingly.
7.5 The tickets remain the property of the organiser or DO IT! until full payment has been received. DO IT! reserves the right to block the tickets in case of non-payment of the tickets or online payment.
7.6 If participation in the respective event is expressly free of charge, the contract shall be concluded if the customer has successfully completed the ordering process in accordance with the GTC DIGITAL X Series Online Ticket Shop Series and DO IT! confirms this to the customer by notifying him in accordance with section 7.2. Sections 7.3 and 7.4 shall remain unaffected.
8. Use of the tickets
8.1 The tickets can be presented in printed or digital form at the entrance control. The barcode on the ticket must not be blurred or damaged.
8.2 The organiser may change the program if special occurrences or events beyond the organiser's control make this necessary. In this case, there is no claim to an exchange of tickets or a refund of the ticket price if the change is insignificant. Section 8.4 remains unaffected.
8.3 In the event of cancellation or rescheduling of events for which the organiser is responsible, as well as in the event of other incidents that give rise to claims against the organiser, the customer's claim shall only be against the organiser. This claim is limited to reimbursement of the nominal value of the ticket; travel and accommodation costs are not reimbursed. Section 9 remains unaffected.
8.4 If an event is cancelled, abandoned or postponed due to circumstances for which the organiser is not responsible (for example force majeure), the customer's right to withdraw from the contract is excluded. In the event of cancellation or abandonment, the organiser will make up for the event as far and as soon as possible and reasonable. If the event is postponed or – in case of cancellation or abandonment – made up for, the tickets for the event shall remain valid.
8.5 If DO IT! has been instructed by the organiser in individual cases to refund the ticket price in its name and for its account, DO IT! will refund the ticket price on behalf of the organiser; in this respect, there are no separate claims for refund against DO IT!. The refund includes the printed ticket price and is made exclusively to the original ticket purchaser.
8.6 DO IT! is not allowed to refund the ticket price to the customer due to insolvency law regulations in case of insolvency or insolvency of the organiser. In this case, the refund will be made exclusively by the organiser.
9. Liability (Haftung)
9.1 Claims of the customer for damages are excluded. This shall not apply to claims for damages of the customer arising from the injury to life, body, or health or from the breach of material contractual obligations (cardinal obligations) as well as the liability for other damages based on an intentional or grossly negligent breach of duty by DO IT!, its legal representatives or executing agents. Material contractual obligations are those obligations the fulfilment of which enables the proper execution of the contract in accordance with its content and purpose and on the observance of which the customer has relied or may rely regularly.
9.2 In the event of a violation of material contractual obligations, liability in the case of simple negligence shall be limited to the amount of damages foreseeable and typical for the contract at the time of conclusion of the contract, unless the customer's claims for damages are based on injury to life, body or health.
9.3 The restrictions under sections 9.1 and 9.2 also apply in favour of the legal representatives and executing agents of DO IT! if claims are asserted directly against them.
9.4 The limitations of liability resulting from sections 9.1 and 9.2 do not apply if DO IT! fraudulently concealed the defect or assumed a guarantee for the quality of the good. The same applies if DO IT! and the customer have reached an agreement on the quality of the good. The same applies if DO IT! and the customer have reached an agreement on the quality of the good. The provisions of the German Product Liability Act (ProdHaftG) remain unaffected.
10. Indemnification from claims (Freistellungsansprüche)
As far as the customer is at fault, he/she will indemnify DO IT! from all claims that third parties may assert against DO IT! due to the customer's behaviour in connection with the purchase of tickets or the realisation of own events of DO IT! and will bear the costs of legal defence incurred in this respect to the amount of legal dues. In the event of a claim by third parties, the customer is obligated to provide DO IT! immediately with truthful and complete information that is necessary for the examination of the claims and a defence.
11. Final provisions
11.1 The sole place of performance for deliveries, services and payments shall be Dusseldorf if the customer is an entrepreneur within the meaning of section 14 of the German Civil Code (BGB). If the customer is an entrepreneur, Dusseldorf is the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This also applies to consumers in the case of cross-border contracts; in this case DO IT! reserves the right to call upon any other internationally competent court.
11.2 German law shall apply exclusively to the contractual relationship. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his/her habitual residence, shall remain unaffected.
11.3 DO IT! reserves the right to make changes to the website, rules, conditions, including these terms and conditions at any time. For the customer’s order, the GTC Online Ticket Shop shall apply in the version valid at the time of the order, unless a change to these GTC is required by law or governmental order.
11.4 DO IT! is entitled to transfer any right and obligation arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks.
11.5 The European Commission provides a platform for out-of-court online dispute resolution (OS Platform), which can be accessed at www.ec.europa.eu/consumers/. The e-mail address of DO IT! is firstname.lastname@example.org. DO IT! is neither obliged nor willing to participate in the dispute resolution procedure.
11.6 If a provision of the GTC Online Ticket Shop or a provision within the scope of other agreements is or becomes invalid, the validity of all other provisions or agreements and the contractual relationship between the parties shall not be affected. In place of the invalid provisions, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the parties to the contract, the contract as a whole shall become invalid.
As of October 2020
The previous version dated May 2020 can be found here: https://www.digital-x.eu/en/generaltermsandconditions/may2020