Halbersbacher hospitality group GmbH (hhg) is the organiser of the events offered. By purchasing a ticket, a contractual relationship with regard to attending the event is established exclusively between the ticket holder (customer) and hhg. By ordering tickets, the customer authorises hhg to process the ticket purchase.
I. Scope of application
1. the following General Terms and Conditions apply exclusively to all contracts and orders placed for the delivery of tickets in relation to hhg.
II Conclusion of contract, cancellation
1. the offer for the conclusion of a contract is made by the customer as soon as he has clicked on the so-called "buy button" or the button clearly labelled in accordance with § 312j para. 3 BGB. A contract between the customer and hhg is only concluded when hhg allocates and sends the order and ticket number to the customer. Notwithstanding the above, in the case of payment in advance, the contract is concluded when the customer's payment account is successfully debited with the full payment amount.
2. unless otherwise agreed at the time of purchase, commercial resale of the admission ticket(s) is not permitted; non-commercial resale is only permitted at a price equal to the printed price of the admission ticket(s) plus proven fees/costs incurred during the original purchase (e.g. postage and shipping costs), up to a maximum of 25% of the printed price. In the event of a breach of the aforementioned condition, hhg has the right to refuse admission to the event without compensation.
3. hhg is entitled to cancel an order placed by the customer for which an order and ticket number has already been allocated (unilateral right of cancellation) if the customer violates specific conditions set by hhg, which were pointed out during the advance sale, or attempts to circumvent them (e.g. violation of restrictions on the number of tickets per customer, in particular resale bans, attempted circumvention by registering and using several user profiles, etc.) and / or there are outstanding claims from the previous business relationship with the customer. In particular, neither the use of tickets for commercial advertising and / or marketing purposes (e.g. as prizes for commercial competitions and / or other commercial prize draws) nor the resale of tickets in the access and / or entrance area of the event venue covered by hhg's domiciliary rights is permitted without the prior written consent of hhg. The declaration of cancellation / withdrawal can also be made implicitly by crediting the amounts paid.
4. the aforementioned right of cancellation is subject to §§ 346 ff. BGB to the exclusion of § 350 BGB.
5. hhg is entitled to declare the validity of the original tickets for the rescheduled event for the new, rescheduled date of the event in the event of rescheduled events. In such cases, it is not possible to return the tickets to hhg or to cancel the ticket purchase as a result of the rescheduling, unless it can be proven that the ticket holder cannot reasonably be expected to attend the rescheduled event. This does not apply if hhg is responsible for the postponement of the event.
III Right of cancellation and sample cancellation form
1. there is no right of cancellation for consumers or the right of cancellation for consumers may expire prematurely for the following contracts
Contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle hire, delivery of food and drink and for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision (Section 312g (2) sentence 1 no. 9 BGB). This means that if hhg offers services in the area of leisure activities, in particular tickets for events, there is no right of cancellation. Every order for tickets is therefore binding immediately after confirmation by hhg in accordance with Section II. 1. and obliges the customer to accept and pay for the tickets ordered.
2. the following applies to all other contracts with consumers:
Cancellation policy
Right of cancellation
1. you have the right to cancel this contract within fourteen days without giving any reason.
2. the cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
3. to exercise your right of cancellation, you must inform us
halbersbacher hospitality group gmbh
Mollistrasse 10
18209 Bad Doberan
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract.
4. you can use the attached sample cancellation form (PDF), but this is not mandatory. You can fill out the sample cancellation form and send it to us by e-mail to info@halbersbacher.de. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).
5. in order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You can download the sample cancellation form as a PDF here.
IV. Retention of title; offsetting; right of retention when purchasing on account
1. hhg retains ownership of the purchased item until the invoice amount has been paid in full. In the case of personalised tickets, the transfer of the claim arising from the ticket is subject to the condition of full payment of the invoice amount. The corresponding security rights are transferable to third parties.
2. hhg retains title to the purchased item until all outstanding claims arising from the business relationship with the customer have been settled if the customer is an entrepreneur exercising his commercial or independent professional activity, a legal entity under public law or a special fund under public law. In the case of personalised tickets, the transfer of the claim arising from the ticket is subject to the condition of settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties.
3. the customer shall only have a right of set-off if his counterclaims have been legally established or are undisputed or recognised by hhg. Furthermore, the customer shall only have a right of retention if and insofar as his counterclaim is based on the same contractual relationship.
4. if the customer is in arrears with any payment obligations to hhg, all existing claims shall become due immediately.
V. Limitations of liability, exclusion of cancellation in the event of certain breaches of duty
1. hhg shall in any case be liable without limitation under the Product Liability Act, for damages caused intentionally or by gross negligence, in the event of fraudulent concealment of defects, as well as for damages resulting from injury to life, limb or health. Liability for damages arising from the breach of a guarantee is also unlimited.
2. hhg's liability for the breach of essential contractual obligations (so-called cardinal obligations), which is only due to simple negligence, is limited to compensation for the foreseeable damage typical for the contract.
3. hhg is not liable for damages caused by simple negligence except in the cases mentioned in paragraphs 1 and 2.
4. the right of the customer to withdraw from the contract due to a breach of duty for which the organiser or hhg is not responsible and which does not consist of a defect in the goods is excluded.
5. to the extent that hhg's liability is excluded or limited in accordance with the above paragraphs, this shall also apply to the liability of its vicarious agents.
VI. final clauses
1. the law of the Federal Republic of Germany shall apply exclusively. Irrespective of the above provision on the choice of law, consumers whose habitual residence is outside the Federal Republic of Germany may always invoke the law of the country in which they are domiciled.
2. the sole place of fulfilment for delivery, performance and payment is Bremen, provided that the customer is an entrepreneur within the meaning of § 14 BGB.
3. if the customer is a merchant, the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Rostock. This also applies to non-merchants in the case of cross-border contracts. hhg reserves the right to appeal to any other internationally competent court.
4. the European Commission will provide a platform for online dispute resolution here from 15 February 2016. The e-mail address of hhg is info@halbersbacher.de.
5. hhg is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Status: October 2022
Online dispute resolution centre of the EU →