A. Information about distance selling regulations and conclusion of contract
1. Contracting party
1.1 With the purchase of tickets on one of the websites offered by amiando AG (“amiando”) contractual relations regarding the event solely arise between the buyer and the relevant (private or professional) organizer (“organizer”). amiando only acts as a sales agent for the organizer of an event by order and for account of this organizer. amiando shall therefore not be liable for an insolvency of the organizer.
1.2. Name, address and further information about the organizer can be accessed on the amiando-Websites by the ticket buyer. In case the necessary contact information of an organizer should not be available on the amiando-Websites amiando will provide these information on request of the ticket buyer.
2. Conclusion of the contract
2.1 By clicking the button “Buy Tickets” on the amiando-Websites the ticket buyer offers the conclusion of a contract regarding the sale of tickets. Therefor it is necessary that the ticket buyer (i) has filled in all necessary fields of the order form (marked by “*”), (ii) has accepted these terms and (iii) has accepted the privacy statement.
2.2 If there are more tickets available than requested by the ticket buyer for the event the parties shall enter into a contract in the following way depending on the payment method choosen by the ticket buyer: (i) In case of payment by credit card or direct debit amiando sends a confirmation email to the ticket buyer. With this email the parties shall enter into a contract. (ii) In case of all other payment methods amiando sends a confirmation email as well. But at this the parties shall not enter into a contract until the whole purchase price of the tickets is paid by the ticket buyer.
2.3 amiando saves the wording of the contract after the parties have entered into a contract. The text of the contract can, if required, be sent via email to the ticket purchaser along with the GTCs. The ticket buyer can verify and correct his data by using the common functions of his computer keyboard before entering into the contract. Thereafter a confirmation email is sent to the ticket buyer.
3. Characterisation of the services of amiando
amiando offers organizers a web-based solution to organize events and meetings. The organizers can also sell tickets for these events via the amiando-Websites by using amiando to take on the payment process. amiando offers its services under various top-level domains, as well as various sub-domains and aliases of these domains (“amiando-Websites”).
4. Information about the right of withdrawal
The ticket buyer has only a right of withdrawal if the following conditions are fulfilled completely:
(i.) The event for which the ticket buyer has bought the ticket(s) shall take place at a specific time or within a specific period of time and is not thought to be a recreational activity; and
(ii.) The ticket buyer acts as a consumer in the meaning of § 13 BGB (German civil code); and
(iii.) the organizer organizes the event with commercial or professional interest.
Right of withdrawal
You can withdraw your contractual statement within one (1) month without giving any reason. You can submit your right of withdrawal in text form (e.g.. letter, fax, e-mail) or by sending back the goods. The respite starts earliest at the day of receiving this indoctrination about your right of withdrawal. To ensure the time period, you just have to send the withdrawal explanation betimes or send the goods back within the time period. The withdrawal shall be addressed to amiando acting on behalf of the organizer: amiando AG, Blumenstraße 28, 80331 Munich, Germany, info@amiando.com
Consequences of withdrawal
In case of an effective withdrawal the mutually received services/goods have to be passed back and - if applicable - benefits have to be returned. If you are going to return the services/goods in a reduced scope or in bad condition, you will have to pay compensation for the value. The goods have to to be send back on cost and risk of amiando.
Special notice
The right of withdrawal expires if the organizer has already started the event because of the explicit consent of the ticket buyer herewith or if the ticket buyer himself has started the event.
End of information about the right of withdrawal
B. General terms and conditions for using amiando by ticket buyers
In the following, you find the terms of use for the services of amiando. Please respect also our extensive measures to protect privacy - we set a high value on the protection of personal data.
With the purchase of tickets on a website offerd by the amiando AG (“amiando”) you (“ticket buyer”) accept the following terms and conditions for the use of amiando by ticket buyers (“terms”). amiando offers (private and professional) organizers (“organizer”) a web-based solution to organize events and meetings. The organizers can also sell tickets for these events via the amiando-Websites by using amiando to take on the payment process. amiando offers its services under various top-level domains, as well as various sub-domains and aliases of these domains (“amiando-Websites”). These terms shall govern the contractual relationship between the buyer and amiando, irrespective of which amiando-website the buyer is registered with or logged on to. To use the services of amiando the buyer must be of age.
Should the English version of these information terms deviate from the German language version, only the German version shall apply and be binding.
1. Contractual relationshop, terms of the organizer
1.1 Through the purchase of tickets contractual relations regarding the event solely arise between the buyer and the relevant organizer. amiando is not organizer of an event and only acts as a sales agent for the organizer of an event by order and for account of this organizer. In regard to the sale of tickets only the organizer and the tickety buyer shall enter into a contractual relationship.
1.2 It may be possible that the organizer's own general terms and conditions apply to these legal relations between organizer and ticket buyer. amiando has no influence on this. It is the duty of the ticket buyer to inform himself about possible existing terms of the organizer before purchasing tickets of the organizer.
2. Subject matter and conclusion of the contract
2.1. Information about events, amount of available tickets, ticket price and possible payment methods is only subject to guidelines specified by the organizer. amiando has no influence on these information. It is the duty of the organizer to check these information.
2.2. By clicking the button “Buy Tickets” on the amiando-Websites the ticket buyer offers the conclusion of a contract regarding the sale of tickets. Therefor it is necessary that the ticket buyer (i) has filled in all necessary fields of the order form (marked by “*”), (ii) has accepted these terms and (iii) has accepted the privacy statement.
2.3. If there are more tickets available than requested by the ticket buyer for the event the parties shall enter into a contract in the following way depending on the payment method choosen by the ticket buyer: (i) In case of payment by credit card or direct debit amiando sends a confirmation email to the ticket buyer. With this email the parties shall enter into a contract. (ii) In case of all other payment methods amiando sends a confirmation email as well. But at this the parties shall not enter into a contract until the whole purchase price of the tickets is paid by the ticket buyer.
3. Price components and payment arrangements
3.1. The price for a ticket may exceed the printed-on ticket price. The price for a ticket is based on the price defined by the organizer including GST. Depending on the agreement between amiando and the organizer the ticket buyer has to pay the fees for accounting by amiando as well. In this case these extra fees are shown in the shopping basket of the ticket buyer on the amiando-Websites.
3.2. The total price of the tickets including all fees is immediately due for payment upon receipt of the confirmation email.
3.3. In case of payment via direct debit without sufficient credit bank balance the ticket buyer has to indemnify amiando from all costs in this regard. The ticket buyer has to pay at least 10,- Euro for compensation. The ticket buyer can provide evidence for a lower loss.
4. Shipment, loss and complaint of tickets
4.1. Immediately after payment receipt amiando sends the ticket(s) to the address of the ticket buyer (either e-mail address or postal address), except when otherwise stipulated (e.g. tickets shall be placed on the venue).
4.2. An incorrect ticket will be exchanged against a new ticket in return of the incorrect ticket. It is the duty of the ticket buyer to check the tickets after receipt and to organize a new and correct ticket betimes if needed.
4.3. Lost or destroyed tickets will not be refunded by amiando. Nevertheless the buyer can print out an only version of the tickets. For this purpose the buyer has to open an user account on the amiando-websites.
5. Liability and guarantee
5.1. amiando is liable without limitation for any injury of life, body or health, based on a breech of duty by amiando, its statutory agents or its vicarious agents.
5.2. amiando is further liable without limitation for any injury caused by amiando, its statutory agents or its vicarious agents by intention or gross negligence, as well as for injuries caused by the absence of conditions guaranteed by amiando.
5.3. In case of breech of essential contractual duties with minor negligence the liability of amiando – except in the cases as stated in clauses 5.1. and 5.4. – shall be limited to typical and foreseeable damages. Essential contractual duties shall be duties that have to be fulfilled in order to enter into a contractual relationship.
5.4. The liability of amiando according to the German Product Liability Act shall not be affected.
5.5. For the rest the liability of amiando shall be excepted, in particular the liability regardless of negligence or fault. amiando and its vicarious agents are not liable for any failures no matter which type caused by external events. These external events are in particular: blackout or failure of telecommunication system, blackout of power supply or failure of hardware.
5.6. The statute of limitation for claims against amiando – except in the cases as stated in clauses 5.1., 5.2. and 5.4. and / or the ticket buyer being a customer in the meaning of § 13 BGB (German civil code) – shall be one year.
6. Refund of the ticket price
6.1. If an event is cancelled or postponed the right of the ticket buyer to claim refund of the ticket price shall be subject to the legal guideluines and the the contract between the ticket buyer and the organizer.
6.2. If the ticket buyer should have the right to claim refund of the ticket price, amiando will refund the money receipt to the ticket buyer within 14 days after receiving the returned ticket if amiando has not already transferred the ticket revenues to the organizer.
7. Final Provisions
7.1. Unless otherwise stated in these terms, the buyer may submit all notices to amiando by email using the contact form provided on each of the amiando-Websites, or by letter or fax. amiando may send notices to the buyer by email to the address given by the buyer at the order process.
7.2. For all ticket sales on the amiando-Websites only these terms shall apply between amiando and the ticket buyer. Own terms of the ticket buyer shall be objected herewith.
Updated: 7. December 2007
