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Terms of use
Terms of use for ticket buyers
1. Scope
1.1 taptic GmbH, Alter Wall 32, 20457 Hamburg (hereinafter”taptic”) offers organizers the opportunity to sell tickets for events to customers by setting up a ticket shop using the software provided by taptic (“ticket shop”) and either integrating it on their own website or publishing a link generated via taptic to the landing page of their event on their own website (“taptic services”). The taptic services are aimed exclusively at organizers and are in no way connected with the events organized and carried out by the organizer. taptic itself is neither an organizer nor seller of tickets and at no time becomes a party to the contract concluded between the organizer and the customer through the purchase of tickets.
1.2 The offer in the ticket shop is aimed at natural persons of legal age within the meaning of § 13 BGB (consumers) and legal entities within the meaning of § 14 BGB (entrepreneur) (hereinafter”customer” or “buyer”) who want to purchase tickets for their own use (see § 5 of the terms of use). The use of taptic services and the offering and sale of tickets via taptic is only permitted by organizers or ticket sellers authorized by the organizer (“organizers”). The use of the taptic service and the sale of tickets via taptic for resale or sale of tickets by third parties (e.g. in the sense of a secondary market) is excluded.
2. Terms of use for buying tickets
2.1 These terms of use apply to the sale of tickets for an event to customers using the taptic services by the organizer. In doing so, the organizer must comply with applicable laws and other regulations and incorporate its own general terms and conditions vis-à-vis the customer that comply with applicable law (for consumers) (hereinafter “organizer terms and conditions”), as well as its own data protection regulations before publishing the offer.
2.2 In the event that the organizer's terms and conditions and taptic's terms of use conflict, these terms of use take precedence.
2.3 In addition, these terms of use apply to all customers who purchase tickets via a ticket shop provided by taptic. Any general terms and conditions of the buyer that deviate from these terms of use are only applicable with the consent of taptic. This also applies if taptic does not expressly contradict the buyer's general terms and conditions.
3. Contractual partner and organization of the event
3.1 The contract for ticket purchase is concluded exclusively between the organizer as seller and the customer as buyer on the basis of the organizer terms and conditions provided by the seller. By purchasing tickets, the customer is entitled to participate in the corresponding event. The promoter is solely responsible for promoting the event and organising and running it. This also applies to the information published in the ticket shop in connection with the promotion and sale of tickets. Accordingly, taptic is not liable for the presentation, accuracy and completeness of the information published in the ticket shop by the organizer.
3.2 taptic is not the organizer of events for which tickets are sold by the organizers via the ticket shop. When organising the event, the organiser is therefore solely responsible for ensuring that its event complies with applicable laws, rules and regulations. Accordingly, taptic is not liable for damage that occurs during or in connection with the organization of the event, its course, content, quality, failure or relocation.
3.3 If events are cancelled, postponed or not held for other reasons, the buyer may only have claims against the organizer. In these cases, taptic is not obliged to refund the fees received for its own services (see § 8). The customer must contact the organizer for questions about the event and, if necessary, cancellation or rescission.
4. Order process and conclusion of contract
4.1 The display of tickets in the ticket shop does not represent a binding offer. The customer can make a binding offer to buy tickets by adding them to the shopping cart, entering the data necessary for the purchase, clicking on the “Order for a fee” button (“purchase button”) and thus completing the ordering process. Until the order process is completed, the customer can correct the information provided as part of the ordering process at any time.
4.2 The purchase of tickets via the ticket shop is only possible if the customer agrees to taptic's terms of use and the organizer's terms and conditions. Approval is given as part of the ordering process by ticking the appropriate checkbox. The organizer terms and conditions will be sent to the customer by e-mail after the order has been completed together with these terms of use.
4.3 The purchase contract is concluded when the customer has made payment for the selected tickets and the organizer has sent an order confirmation to the customer by e-mail.
5. Delivery, ticket availability and prohibition of commercial sales
5.1 After completing the purchase process, the ticket will be offered to the buyer in electronic form for printing (“Print @Home Ticket”) and for downloading to the so-called “Wallet” (an app for smartphones which, among other things, can be used to digitally store and display tickets). taptic will also send the tickets by email to the email address provided during the purchase.
5.2 If there are no more tickets available at the time of ordering, this will be shown to the customer during the ordering process. It is then not possible to order. The purchase of tickets is only for personal use. This means that only a certain number of tickets can be purchased per order. The exact quantity may vary depending on the event and is shown on the organizer's website or in the ticket shop in individual cases.
5.3 The commercial resale of tickets is prohibited. In the case of a private resale, the ticket price must not exceed what the customer himself has paid for the ticket (including all fees).
5.4 taptic reserves the right to block the customer from future purchases via the ticket shop and, if necessary, to inform the organizer if the customer demonstrably violates these terms of use.
6. Retention of title
The tickets remain the property of the organizer until full payment has been made. Damage and loss of tickets must be reported to the organizer immediately.
7. Prices and shipping costs
7.1 During the ordering process, all costs incurred by the buyer are shown. All prices include VAT. The total price includes the ticket price, the fees in accordance with § 8.1 and the value added tax.
7.2 Any shipping costs are specified in the ordering process, provided that they are borne by the buyer.
8. Fees and methods of payment
8.1 Registering a customer account is free of charge for the customer. Fees are agreed between taptic and the organizer for the provision of the taptic services (“fees”). The amount of fees may vary depending on the agreement. Where applicable, the organizer may impose these fees on the buyer in compliance with legal requirements. In this case, the fees are shown transparently to the buyer during the ordering process or included in the ticket price and paid directly to taptic by the organizer from the gross proceeds from ticket sales.
8.2 Payment by the customer is made directly to the organizer. The payment options available to the customer are determined by the organizer. Here, the organizer can choose from the following payment options: PayPal, Apple Pay, Google Pay, Klarna, Mastercard, VISA, SEPA Direct Debit, and GiroPay. The customer must select one of the payment options offered for the purchase. The customer does not incur any additional costs for the means of payment. Payment of the purchase price for the tickets is due immediately after the buyer has clicked on the purchase button.
8.3 If the customer defaults on payment, the legal provisions apply.
8.4 taptic does not issue invoices for customers. Invoicing must be carried out by the organizer himself at the customer's request.
9. Liability
9.1 taptic is fully liable for intent and gross negligence as well as for claims under the Product Liability Act. In other cases, the following regulations apply.
9.2 In the event of slight negligence, taptic is only liable if essential contractual obligations (“cardinal obligations”) are breached. “Significant contractual obligations” means obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely and whose violation jeopardizes the achievement of the purpose of the contract. Liability for indirect and unforeseeable damage, loss of production and use, lost profit, missed savings and financial losses due to claims by third parties is excluded in this case, to the extent permitted by law.
9.3 Except in the case of intent or gross negligence, taptic liability is limited in amount to the damage typically foreseeable at the time the contract is concluded.
9.4 Any further liability on the part of taptic is excluded. To the extent that taptic's liability is excluded or limited, the exclusion or limitation also applies in favor of legal representatives, officers, employees or other vicarious agents.
9.5 The liability exclusions in §§ 9.2 - 9.4 do not apply to damage resulting from injury to the life, body and health of persons.
10. No guarantees
10.1 taptic does not guarantee that the ticket shop provided, through which the customer makes the ticket purchase, is or will be free of errors or interruptions or is suitable for a specific purpose. In particular, taptic is not liable for delays, failures or problems caused by the use of the Internet or other electronic means of communication, or for the inability, errors or fault of the customer when using or the organizer in creating the ticket shop.
10.2 taptic is entitled to temporarily shut down the ticket shop or part of it for the purpose of (planned and unplanned) maintenance, change or improvement. taptic can also change the functionalities of the ticket shop, restrict its availability or completely discontinue it.
11. Rights of use
11.1 Unless otherwise stated in these terms of use, taptic has all rights of ownership and use (including all authors, brands, or other proprietary rights) in the taptic ticket shop (“taptic software”), the taptic websites and all content of the taptic website and the taptic software, with. taptic grants the customer a simple, revocable and non-transferable right to use the taptic software in to use within the framework of these terms of use. In doing so, the customer must refrain from
a) to (sub) license, sell, distribute, rent, lease, transfer, or otherwise make available to third parties, unless otherwise expressly agreed;
b) access or use the taptic software to develop or operate products or services that compete with the taptic services;
c) reverse engineer the taptic software, decompile, disassemble, copy it, derive source code, object code, trade secrets or create derivative works from or via the taptic software.
d) to use the taptic software to resell tickets to third parties (in the sense of a secondary market).
11.2 The organizer has the option of uploading his (brand) logo, images and texts (hereinafter “works”) to the taptic software to create and promote his event. taptic is not liable for the use of these works.
12. Failure of a right of withdrawal
The goods offered by the organizers via the taptic ticket shop are tickets for events and thus services in connection with leisure activities, for which the contract provides for a specific date or period for the provision of the goods. According to Section 312g (2) sentence 1 No. 9 BGB, the right of withdrawal for distance selling contracts for consumers therefore does not apply. Accordingly, consumers are not entitled to a 14-day right of withdrawal.
13. data protection
The use of the taptic ticket shop is subject to the organizer's privacy policy, which is linked as part of the ordering process. Where applicable, the Privacy Policy by taptic.
14. Other notes
The organizer may provide information on the validity of the tickets in the organizer's terms and conditions. In addition, the organizer can regulate the loss of tickets, any cancellation or cancellation conditions and provide information regarding admission to the respective event.
15. Extrajudicial dispute resolution
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with an online order out of court first. The dispute resolution platform is available at https://ec.europa.eu/consumers/odr/ reachable. taptic is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16. Applicable Law and Jurisdiction
16.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. The sole place of fulfilment for deliveries, services and payments is the registered office of taptic GmbH, provided that the buyer is an entrepreneur within the meaning of § 14 BGB.
16.2 If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of taptic GmbH.
17. Final provisions
17.1 taptic reserves the right to change these terms of use at any time in the future. The changes will be published on taptic's website and apply from the time they are published.
17.2 Should individual provisions of this contract be or become ineffective, void or become void, this shall not affect the effectiveness of the remaining provisions. Instead of the ineffective/void provision, the parties will make such a provision that comes closest to the intended purpose of the ineffective/void provision. This also applies to filling any gaps in the contract.
Status: May 2024