Terms & Conditions EN GARDE Marketing GmbH TICKETING

1. General

The following general terms and conditions in the version valid at the time of the order apply to the sale and dispatch of admission tickets ordered by the customer from EN GARDE Marketing GmbH. EN GARDE Marketing GmbH is at any time entitled to change or amend the terms and conditions of business and delivery including any attachments. The general terms and conditions valid at the time of the order also apply to the delivery of goods.

2. Realization of the contract

A contract between the customer and EN GARDE is concluded by an order through the customer and its acceptance by EN GARDE. The customer can place the order via phone, E-Mail, fax or mail by sending the order form provided on the internet by EN GARDE. The acceptance takes place by confirmation of the order by e-mail or by an appropriate confirmation letter. After confirmation of the order by sending an invoice in advance by email or post, the order is binding and the customer is obliged to accept and pay for the ordered tickets.  The price quoted for ticket includes advanced booking, system and service fees as well as statutory VAT. In addition, there is a shipping fee, currently for tickets up to a value of 250€ by normal shipping 3, 50€. At a ticket value exceeding 251€ it is 6, 50€ by registered letter. On demand express shipping can be provided, which will cost 9, 90€. Express delivery is not available for shipping abroad.

3. Reservation of availability

Order confirmation is always subject to availability. In individual cases it can happen that a ticket category or a specific seat may no be longer available at the time the order is placed. If this is the case, EN GARDE Marketing GmbH reserves the right to offer a seat or a category of equal price and quality or withdraw from the contract. Payments already made will be returned immediately by EN GARDE after withdrawal from the contract by either EN GARDE or the customer.

4. Returns and right of withdrawal

When ordering admission tickets, there is no right of return or withdrawal according to § 312 b Absatz 3 Nr. 6 BGB. Tickets sold will not be taken back. If tickets are lost, stolen or destroyed by the customer, there is no replacement or refund. On entering an event tickets will lose their validity unless foreseen with a re-entry voucher. In case of a rescheduling of time or location the customer cannot claim a refund of the entrance fee for the respective event. The same applies if an event is cancelled.  

5. Payment Options

All reported prices include statutory VAT and advanced booking fee. In addition, a shipping fee must be paid. The customer has the following payment options: immediate bank transfer, debit payment or via Pay Pal.

6. Delivery

The time of delivery depends on the shipping method and the chosen method of payment. Normally the tickets are shipped within two working days after payment is received. If the tickets have not arrived within 14 days after the booking, the customer is obliged to inform EN GARDE marketing GmbH immediately about these circumstances. If tickets are lost with standard delivery, claims against EN GARDE are excluded.  If tickets are lost when sent by registered letter or express delivery, it is the duty of the mail station to check where the tickets have remained or which person has received them.  In case of proven loss, EN GARDE will replace the tickets. The original tickets lose their validity. The customer is obliged to check the tickets as to their correctness regarding number, price, date, event and event venue. Complaints about false tickets must be made immediately (within three working days) after receiving the tickets, either with a written mail or E-Mail to EN GARDE Marketing GmbH. The postmark or the transmission protocols of the E-Mail are decisive for compliance with the complaint deadline. After the deadline for complaints has expired, there is no entitlement to the return of or refund for the tickets. 

7. Resale

a) The resale of tickets purchased from EN GARDE Marketing GmbH, to a higher price than the stated final price, is forbidden. 
b) The purchase of tickets for commercial resale is forbidden.
c) Tickets purchased from EN GARDE Marketing GmbH for an event are for private use only, in order to avoid black market trading and ticket speculation. You therefore commit to purchase the tickets for private use only. The purchase for commercial and profitable resale is forbidden without permission from EN GARDE Marketing GmbH.

8. Reduction / Discount

Proof of concession such as school and student cards, ID as proof for seniors, disability passes and membership card of the FN in combination with ID, must be shown at the entrance on request. If no proof can be provided, the difference to the normal daily ticket price is to be paid at the box office to gain entrance permission. 

9. Conditions of participation for prize draws at www.engarde.de

9.1. Organizer for prize draws on the webpage www.engarde.de is the company EN GARDE Marketing GmbH.
9.2. Participation is free of charge and independent of the purchase of any goods or services. By participating in the prize draw, the user accepts the conditions of participation. 
9.3. A person is eligible, if he/she is at least 18 years old at the time of participation. Employees from the company EN GARDE Marketing GmbH and those involved in the conception and implementation of the prize draw are not allowed to participate. The participant in the prize draw is the person who owns the E-Mail address given at registration for the prize draw. Only one participation per “participant" is possible. An irregular or repeated participation in the prize draw is followed by exclusion from the prize draw. 
9.4.Only the prizes described in more detail in the competition will be awarded. The prize award is only for the participants who send the required information to the given E-Mail address.    
9.5. The winner of a prize will be informed shortly after the draw using the information given at registration. The prize will be sent to the address given by the winner. With acceptance of the prize, the winner agrees that his/her name may be used by EN GARDE Marketing GmbH and its affiliated companies for promotion purposes free of charge. 
9.6. The formalities for handing over the first prize are arranged individually with the winner. The winner must bear the expenses for arrival and departure as well as any other travel costs, meals and accommodation costs. Further prizes, should they be transportable, will be sent to the winners by mail to the address used at registration. The risk of delivery is transferred to the winner when the prize is handed over to the post. EN GARDE Marketing GmbH is not responsible for any damages caused in transit.
9.7. It is not possible to change a prize for cash. Prizes are not transferable. The winner accepts any necessary changes to the prize, due to factors beyond the control of the companies involved in the prize draw. 
9.8. The decisions from EN GARDE Marketing GmbH are final. Requests therefore, cannot be answered. The company EN GARDE Marketing GmbH reserves the right to hold back or temporarily hold back the prize draw if any difficulties arise that may jeopardize the integrity of the prize draw.  
9.9. The company EN GARDE Marketing GmbH reserves the right to change the conditions of participation unannounced. 
9.10. Any liability for damages on the part of EN GARDE Marketing GmbH and its organs, employees and agents from or in connection with the prize draw, regardless of the legal basis, is limited to cases of intent or gross negligence as far as legally permissible.
9.11. The information received during this prize draw can be used and saved for promotion purposes by EN GARDE Marketing GmbH for their own products. A transfer to third parties does not take place. The agreement to use your personal data can be revoked at any time by sending an E-Mail to info@engarde.de.
9.12. Legal recourse is excluded.

10. Exclusion of liability

The organizer assumes no liability for material damage, theft or accidents of any kind on the event grounds, as long as there are no significant impairments. 
No liability for personal injury due to slight negligence.

11. Image rights

Each ticket holder irrevocably consents to the free use of his image and voice for photographs, live transmissions, broadcasts and/or recordings of images and/or sound made by EN GARDE Marketing GmbH or its agents in connection with the event for all present and future media. 

12. Data protection

Personal data of the customer is only collected within the scope of the legal regulations of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG) and is only used by EN GARDE and is treated confidentially.

 

13. Place of performance and jurisdiction

Place of performance and jurisdiction for both parties is the registered office of EN GARDE. German law applies exclusively. 

14. Contractual penalties

a. Prerequisite 

In the event of a culpable breach by the customer of the general terms and conditions of EN GARDE Marketing Ticketing, in particular against one or more of their regulations, EN GARDE Marketing GmbH is entitled to impose a reasonable contractual penalty of up to €2,500 on the customer in addition to other sanctions possible under these regulations without prejudice to any other claims for damages in excess thereof (in particular also without prejudice to any recourse measures pursuant to tortious regulations). 

 
b. Extent of penalties The amount of the contractual penalty shall be determined in particular by the number and intensity of the infringements, the type and degree of culpability (intent or negligence), the efforts and success of the customer or the company in reparation, whether and to what extent it is a repeat offender and, in the event of unauthorized resale of tickets, the number of resold or used tickets and any proceeds or winnings obtained by the resale, whereby it is clear that the penalty may exceed the proceeds or winnings obtained by the resale.

15. Other

Should one or more provisions of these GTC be ineffective, this shall not invalidate the entire contract. The invalid provision shall be replaced by the relevant statutory provision. 

 

16. Photo, video and audio recordings

We would like to point out that photo, film and sound recordings are made at the events. These may be used both for reporting and advertising purposes. 
By attending the event, you document your agreement that images will be taken in which you can be seen and that they may be used in that context. 

 

17. Default clause

 

If, due to force major or other unforeseeable circumstances such as an official order or regulation, one or more events become impracticable or are cancelled or postponed, the organizer assumes no liability for any costs incurred by the contractual partner or for any loss of earnings incurred. Furthermore, the contract partner resigns from recourse claims against the organizer in case of cancellation or postponement of the event due to force majeure or other unforeseeable weighty circumstances such as an official order or regulation. The services already paid to the organizer will be credited to the contract partner on a prorated basis. In this case, the purchased tickets must be returned to EN GARDE at the client's own expense. Season tickets can only be returned in full.

 

18. Corona Regulations

 

The Corona hygiene protection rules applicable at the time of the event (e.g. 2G or 3G) apply. The organizer is not liable for deviating regulations regarding ticket purchase and event start.