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GENERAL TERMS AND CONDITIONS FOR TICKET SALES

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GENERAL TERMS AND CONDITIONS
FOR TICKET SALES
OF THE CENTRAL EUROPEAN RALLY GmbH

  1. General Terms and Conditions

 

    1. Scope of application, conclusion of contract and shipment

      1. These General Terms and Conditions ("GTC") apply to the purchase as well as the use of admission tickets ("Tickets") for events of the Central European Rally GmbH, Ridlerstr. 35, 80339 Munich ("CER").

      2. Contracts concluded in accordance with these GTC are concluded between the person placing the order in the Online Shop ("Orderer") and CER. The Purchaser is entitled to transfer the tickets to other persons in accordance with the provisions of these GTC, who are then granted access to the venue in accordance with the provisions stated on the ticket ("Ticket User").

      3. If tickets are purchased on a platform other than the online shop operated by CER itself or on its behalf, , these GTC shall only not apply with regard to the conclusion of the contract if this is stipulated separately. In the aforementioned cases, however, these GTC shall apply in full with regard to their remaining content.

      4. The offer of tickets in the online shop by CER does not constitute an offer to conclude a contract, but are an invitation to make an offer to CER to conclude a contract. The binding offer to conclude a contract with CER is made by the customer to CER by clicking on a button with the words "Buy now" or a similar inscription in the order process. The offer is accepted by CER by transmitting the tickets, sending an invoice with a request for payment or otherwise requesting payment, whichever occurs earlier in the individual case.

      5. CER may limit the number of tickets that can be ordered by a purchaser in individual cases. This follows from the number of selectable tickets in the respective online shop.

      6. Purchased tickets are transmitted as electronic tickets in the form of a PDF file to the e-mail address provided by the orderer and/or offered to the orderer for immediate download after completion of the order.

      7. Tickets and/or ticket orders that are recognisably defective should be reported to CER by the orderer in writing (whereby an e-mail is sufficient) without delay, as a rule within five working days of receipt, so that a replacement issue can be made. In the event of a replacement issue, the existing tickets will be deactivated. Reference is made to para. 2.4 is referred to.

 

    1. Ticket transferability

      1. Subject to the provisions in para. 4 of these GTC, the following shall apply.

      2. The tickets bear the name of the purchaser, but may be transferred by the purchaser to other persons without the need to change the name or the name of the ticket. The transfer in the context of commercial ticket trading is excluded. CER shall be entitled to block without compensation tickets that have been used for commercial ticket trading without the corresponding written permission.

      3. The transfer of the ticket to another person is legally an assignment of the right to be granted access to the venue in accordance with these GTC against CER. As these GTC determine the content of the aforementioned claim, these GTC also apply directly to persons to whom the claim is assigned, insofar as this relates to the content of the ticket and conduct of the ticket user.

      4. The claim to issue of a replacement ticket can only be asserted by the customer against CER or against third parties commissioned by CER and is not subject to assignment.

 

    1. Access to the venue, content of the ticket, conduct

      1. A single ticket grants one person one-time access to the venue at the time designated on the ticket. Tickets become invalid on leaving the venue for the day in question unless otherwise agreed with the local security staff in individual cases, although there is no entitlement to this.

      2. To grant access, the ticket must be presented to the access control in printed form in DIN A4 size or as a digital ticket on a terminal device (e.g. smartphone). The ticket is validated by scanning the barcode or QR code of the ticket and booking the ticket as already redeemed. If the barcode or QR code is not legible (e.g. due to a printout of insufficient quality or too small a display on the ticket user's end device), access to the venue will not be granted, unless the lack of legibility is due to the fault of CER or third parties commissioned by CER.

      3. If the Ticket User does not use the Ticket as a printed version, but on a digital version on an end device ("Digital Ticket"), the Ticket User shall be solely responsible for the continued technical availability of the Digital Ticket at the venue.

      4. In the event of difficulties with access control, CER may issue a replacement ticket to the orderer free of charge, provided the orderer's legitimacy is proven. This does not apply to technical defects or difficulties with access control that are the fault of the ticket holder or the orderer, for example due to damage or alteration of the ticket or an illegible printout.

      5. Access to the venue may be subject to special conditions (in particular local house rules). Upon entry to the venue, the ticket user accepts the applicable house rules.

      6. The instructions of the security personnel deployed must be followed without fail. Failure to follow instructions may result in a temporary ban from the event and an expulsion from the event; in this case, no refund of the ticket price will be made.

      7. The safety instructions announced at the venue apply.

      8. Access to the venue may be denied without any claim for compensation on the part of the Ticket User or the Ordering Party if the Ticket User:

      • refuses to submit to an appropriate check of their person and/or the items they are carrying before entering the venue, and/or

      • carries professional camera equipment without appropriate (press) accreditation, which is particularly the case with cameras with interchangeable lenses, and/or

      • Attempts to bring weapons or weapons-like objects (such as guns, knives, brass knuckles, baseball bats, etc.) onto the event site, and/or

      • wears insulting, inciting, racist clothing or signs that are prohibited by law or by the authorities at the venue, in particular signs of organisations that are prohibited in Germany, and/or

      • is so significantly intoxicated and/or under the influence of illegal drugs that he/she is not guaranteed to be able to follow the instructions of the security personnel, and/or

      • has acted in an aggressive or violent manner in the immediate run-up to the event, and/or

      • carries racist, xenophobic and/or radical right-wing or left-wing propaganda material, political or religious objects of any kind, including banners, signs, symbols and leaflets, if there is reason to believe that these are being displayed inappropriately

      1. If violations of the provisions of the above para. 3.7 only become apparent after admission has been granted or are noticed by the security personnel, CER shall be entitled to exclude the Ticket User from further participation in the event. No compensation shall be paid due to the exclusion.

      2.     3.10.Due to the sporting nature of the event, visibility may be obstructed at the venue, in particular by the waving of flags and/or standing spectators. The purchaser and/or ticket user shall not be entitled to any claims for compensation for this reason.

      3.     3.11.CER reserves the right to exclude persons who violate these provisions from purchasing tickets in the future and to take civil and/or criminal action.

 

    1. Special conditions for discounted and free tickets

      1. CER grants certain groups of persons discounts on the ticket price or waives the ticket price entirely ("free ticket"). The respective conditions of the reduction follow from the information provided for the ticket in the online shop. The day on which the event takes place is decisive for the granting of the discount. If a ticket is valid for a longer period than one day, it is sufficient if the condition for the reduction is fulfilled and proven at the beginning of the period of validity.

      2. The provision of discounted and/or free tickets may be subject to a separate quota. There is therefore no entitlement to be granted a reduced or free ticket.

      3. CER may make the order of discounted and/or complimentary tickets conditional upon the simultaneous purchase of one or more full-price tickets.

      4. Admission to the venue will only be granted if official or other official proof of concession is presented upon entry to the venue and the ticket user of the concessionary or free ticket is accompanied by a person with a full-fare ticket when entering the venue and at the venue. The proof of the discount must be carried along at the venue and shown upon request of the security staff. Rejected ticket holders are not entitled to compensation, for example due to useless expenses for travel costs.

      5. Concessionary and complimentary tickets cannot be upgraded to full fare tickets.

 

    1. Withdrawal by CER in the event of non-payment

If the payment fails for reasons exclusively attributable to the customer or is reversed by the payment service provider, in particular due to a lack of credit card or account coverage, CER is entitled to withdraw from the contract. In this case, CER will notify the customer of the withdrawal by e-mail to the e-mail address provided and electronically block the corresponding tickets.

 

    1. User account / registration

      1. The customer is given the option of voluntarily creating a customer account as part of the order. The following applies when opening a customer account.

      2. The customer is responsible for keeping his own access data to the user account secret. In the event of a breach, the customer shall be liable for all resulting damage due to misuse by third parties, unless the customer is not responsible for this.

 

    1. Changes to the event, cancellation of the event

      1. If an event is changed or rescheduled in terms of time or place, CER will inform the customer at the e-mail address provided when the order was placed. The customer has the right to withdraw from the contract, which he can exercise within two weeks of receipt of the notification by e-mail to CER, but no later than the day before the tickets become valid. CER will inform the customer of the right of withdrawal. If the customer does not declare his withdrawal, the ticket(s) shall remain valid and the notified changes shall take the place of the designated place and time.

      2. CER shall not grant the Purchaser a right of withdrawal if the change is only insignificant, which is the case in particular if the time of the event is changed without the date of the event being changed or if the location is only changed over a short distance, which is usually the case for a change of up to 50 km.

      3. Should an event be cancelled, in particular for reasons of motor sport law or for safety reasons (in particular an accident that has occurred or an increased risk of accident due to weather conditions), the customer shall not be entitled to a refund of the ticket price unless CER or third parties commissioned by CER are responsible for the cancellation, for example due to insufficient planning.

      4. Should the event be repeated after it has been cancelled, the repetition shall be deemed to be a new event for which the original ticket shall not be valid unless CER expressly indicates its validity, which may also be done by publication in the local media and indication on CER's own homepage.

      5. CER is entitled to assign the Ticket User to other seats of the same or a higher category for good cause (in particular requirements of the relevant motorsport association, official orders or legally prescribed access restrictions as well as other protection and safety measures). A claim for (partial) refund of the purchase price is excluded in these cases.

      6. CER shall be liable in the aforementioned cases of this Clause. 7 for futile expenses, in particular in the form of travel and accommodation costs incurred in vain. This does not apply if CER is responsible for the underlying event.

 

    1. Image recording during the event

      1. For the purposes of public reporting and advertising, photographs and/or film recordings ("media recordings") of the event and the visitors will be made. These may be made by CER or by third parties commissioned or approved by CER (in particular radio, press and other reporters). Corresponding recordings may also depict ticket holders as individuals.

      2. Rights of use and exploitation to the media recordings made by CER or the commissioned third parties may also be granted to other parties, in particular companies affiliated pursuant to § 15 Akt as well as third parties authorised by them in each case.

      3. The respective Ordering Party shall ensure that, in the event of a transfer of the Ticket, the validity of this Clause 8 is also waived. 8 is pointed out.

 

    1. Final provisions

      1. The contract shall be governed exclusively by German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions, without prejudice to the mandatory legal provisions of the country in which the Purchaser habitually resides.

      2. The place of performance shall be the registered office of CER.

      3. The place of jurisdiction for all disputes arising from this contract shall be the registered office of CER, unless the customer is a consumer.

      4. If CER provides language versions other than German, the German version of these GTC shall prevail in the event of any contradictions in content.

      5. Should any provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision which most closely corresponds to the economic purpose pursued in a legally permissible manner.

  1. Information

 

    1. EU dispute resolution, dispute resolution pursuant to VSBG

      1. The EU offers an online platform to which customers can turn to settle consumer disputes out of court: http://ec.europa.eu/consumers/odr/. CER can be reached at the email address info@centraleuropeanrally.eu.

      2. CER is not obliged or willing to participate in arbitration proceedings before a consumer arbitration board (§ 36 VSBG).

 

    1. Right of withdrawal

The sale and purchase of tickets takes place via means of distance communication within the meaning of Section 312c (2) of the German Civil Code (BGB), so that the sale of the ticket may constitute a distance contract pursuant to Section 312c (1) of the German Civil Code (BGB). However, the purchaser's right of revocation is excluded due to § 312g para. 2 no. 9 BGB. Therefore, there is no two-week right of revocation or return.

 

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Central European Rally GmbH, Ridlerstr. 35, 80339 Munich, Tel. +49 (0)89/5195-102, E Mail: info@centraleuropeanrally.eu) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

 

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, 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.

You must return or hand over the goods to us (Central European Rally GmbH, Ridlerstr. 35, 80339 Munich) without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 

You will find the model cancellation form on the following page.

Status: 04.07.2023 

Sample cancellation form

 

(If you wish to revoke the contract, please complete and return this form).

 

To Central European Rally GmbH, Ridlerstr. 35, 80339 Munich, +49 (0)89/5195-102, E Mail: info@centraleuropeanrally.eu:

 

I/we(*) hereby revoke the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*)

 

Ordered on(*)/received on(*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in the case of notification on paper)

 

Date

_________________

 

(*) Delete as applicable.

 

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