Terms and Conditions
I. Scope of application
- S.I.C. Stars in Concert Veranstaltungs GmbH sells tickets for the show production "Stars in Concert" to agencies, resellers, corporate customers and individual customers.
- All legal transactions by S.I.C. Stars in Concert Veranstaltungs GmbH vis‑à‑vis all customers and suppliers are governed by the following Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB), unless differing provisions were expressly agreed in writing. Differing terms and conditions on the part of the customer expressly do not apply.
- To the extent that the tickets are sold by Estrel Hotelbetriebs-GmbH, this party is exclusively acting as S.I.C.’s representative.
- Payments of / for event tickets are paid exclusively into the following escrow collection account that is administered by S.I.C. Stars in Concert Veranstaltungs GmbH, but does not belong to S.I.C.’s assets: Bank: Postbank Berlin, Bank Identification Code (Bankleitzahl): 10010010 Account no.: 694 022 100.
II. Purchase of tickets
- The customer purchases event tickets on his own behalf and for his own account.
- Tickets are booked as follows:
- At the time of booking, an order number is issued and an option date is specified. Order number, option date and ticket price are confirmed vis-à-vis the client by phone, orally or in writing.
- A claim to purchase and surrender of the tickets arises only and exclusively if by the option date the ticket price has been paid into the S.I.C. account or in cash.
- Possible claims to reductions must be asserted at the latest when booking the event tickets. Expressly, reductions of any type cannot be taken into consideration at a later time.
- Tickets that are not paid on time are no longer subject to the option, and can again be sold.
- Sold admission tickets cannot be returned or exchanged.
- If a show is cancelled, S.I.C. Stars in Concert Veranstaltungs GmbH exchanges the admission ticket for a ticket of the same price category for any other show, or reimburses the sales price against receipt of the admission ticket. The admission ticket must be exchanged or returned within two weeks of the cancelled show at the S.I.C. office. Further claims on the part of the customer are expressly barred.
- If a third party event is cancelled, all claims must be asserted against the organizer. In the case of the cancellation of the third party event, the advance booking fee and the ticket fee collected are not reimbursed, since the service, i.e. arranging the advance booking of the admission tickets, has been completely provided by S.I.C. Stars in Concert Veranstaltungs GmbH.
- With all reduced price tickets, S.I.C. Stars in Concert Veranstaltungs GmbH requires furnishing proof of appropriate eligibility prior to admission. If proof is not furnished, the difference between the price paid and the full ticket price must be paid prior to admission.
III. Event
- S.I.C. Stars in Concert Veranstaltungs GmbH reserves the right to alter the advertised cast.
- There is no admission after the event has started, with exceptions to be decided by the organizer.
- As a matter of principle, the orders of the staff must be followed unreservedly. The staff exercises the landlord’s authority (Hausrecht) on behalf of S.I.C. Veranstaltungs GmbH.
- The admission ticket loses its validity upon leaving the event location.
- Coats, umbrellas, canes, large bags and similar items must be stored at the cloakroom for a fee.
- At the event location, sound, photo, video and other recordings of any type are prohibited for copyright reasons. Recording equipment and cameras of any kind must be deposited at the cloakroom. In case of non-compliance, the local staff is entitled to seize recordings and cameras until the end of the event, and to exclude the person from the event. Films and recording materials of any kind, in which parts of the show are recorded, can be confiscated and stored by the organizer. They are handed back to the owner if he has agreed to prior deletion of the recordings.
IV. Sale via agencies and resellers
- Agencies are only entitled to sell tickets by order of S.I.C. Stars in Concert Veranstaltungs GmbH if they possess a valid contract. They are obliged to inform the customers about the valid S.I.C. Terms and Conditions and to distribute these.
- Payments of / for event tickets are paid exclusively into the following escrow collection account that is administered by S.I.C. Stars in Concert Veranstaltungs GmbH, but does not belong to S.I.C.’s assets: Bank: Postbank Berlin, Bank Identification Code (Bankleitzahl): 10010010, Account no.: 694 022 100.
- Agencies that do not have a valid contract place orders only on their own behalf. In case of orders by agencies, S.I.C. Stars in Concert Veranstaltungs GmbH can demand that the acceptance of the order is dependent on the provision of a security in the amount of 80 % of the order value.
- Exclusively, the Terms and Conditions of S.I.C. Stars in Concert Veranstaltungs GmbH apply; agreements on the part of the agencies with third parties to the contrary are neither transferable, nor are these accepted by S.I.C.
V. Ticket collection, shipment
- Paid tickets are sent to the customer by post, at his risk and upon his request. S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to charge a processing fee for shipping by mail.
- If the customer purchases the tickets in an agency, this agency’s office is the place of performance.
- Tickets reserved at the box office must be collected 30 minutes prior to the commencement of the show, stating the order number. S.I.C. is entitled to otherwise dispose of the tickets if they are not collected on time.
VI. Special bookings, exclusive shows
- In the case of special events, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to claim advance payment in accordance with the respective contractual agreements.
- If the customer refuses to pay the advance payment even after an appropriate period of grace determined by S.I.C. Stars in Concert Veranstaltungs GmbH, S.I.C. GmbH is entitled to cancel the contract.
- Furthermore, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to cancel the contract if:
- force majeure or other circumstances or measures on the part of third parties make it impossible for S.I.C. Stars in Concert Veranstaltungs GmbH to fulfill the contract;
- events are booked making misleading and / or wrong statements regarding significant matters of fact, e.g. the organizer or the purpose of the event;
- S.I.C. Stars in Concert Veranstaltungs GmbH has cause to assume that the event can endanger its smooth operation of the business, its security or its public reputation. - S.I.C. Stars in Concert Veranstaltungs GmbH must inform the organizer about cancellation without delay.
- In case of cancellation on the part of S.I.C. Stars in Concert Veranstaltungs GmbH for the reasons stated above, claims to damages on the part of the organizer vis-à-vis S.I.C. Stars in Concert Veranstaltungs GmbH are barred.
- If the organizer or lessee for reasons that lie in his risk range does not make use of the event or the leased item as agreed, he remains obliged as a matter of principle to pay the agreed price. This also applies in cases in which partial performance was ordered.
- If the organizer indicates the fact that he is hindered towards S.I.C. Stars in Concert Veranstaltungs GmbH, the following applies regarding the compensation for loss that is to be paid depending on the time of receipt of the notice on the part of S.I.C. Stars in Concert Veranstaltungs GmbH prior to the event’s official commencement:
Receipt of notice
- up to one year prior to the event’s commencement: 50 % of the contractually agreed price
- up to eight months prior to the event’s commencement: 75 % of the contractually agreed price
- up to six months prior to the event’s commencement: 100 % of the contractually agreed price
- All payments must be paid directly to S.I.C. Stars in Concert Veranstaltungs GmbH. S.I.C. Stars in Concert Veranstaltungs GmbH collects the payments on its own behalf.
- Agencies are only entitled to collect on trust the ticket price agreed with S.I.C. Stars in Concert Veranstaltungs GmbH. The agency is obliged to keep the sum held in trust separated from its own assets, and to present it to S.I.C. Veranstaltungs GmbH upon request.
- Payments occur in cash or by transfer; in the case of payments by direct debit (Lastschrift) or collection only check, the payment is only considered completed when the amount is definitively credited on the account of S.I.C. Stars in Concert Veranstaltungs GmbH.
- Invoices are payable within a period of ten days of date of invoice, also in cases in which a payment period is not specified. Invoices are paid at the time when the unrestricted credit entry occurs in the account of S.I.C. Stars in Concert Veranstaltungs GmbH.
- The event tickets and the change must be verified immediately upon receipt. Later claims will not be accepted.
- In the case of payment delays, S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to assert claims to interest in the amount of 5 % above the base rate of the European Central Bank. Payments that do not occur in due time give rise to a flat reminder charge in the amount of additional 10.00 EUR; whereas the debtor is free to prove lower reminder costs.
- S.I.C. Stars in Concert Veranstaltungs GmbH reserves the right to exclude customers or agencies from acquiring tickets. Reasons for such exclusion are, among others, delay in payment or errors in holding in trust the ticket proceeds.
- S.I.C. Stars in Concert Veranstaltungs GmbH is entitled to cancel the contract due to a valid reason, if due to force majeure or due to other circumstances for which S.I.C. is not responsible the fulfillment of the contract is not feasible in consideration of the mutual interests. In this case, section II, subsection 7 of these Terms and Conditions correspondingly applies.
- S.I.C. Stars in Concert Veranstaltungs GmbH is liable only in cases of intent and gross negligence, to the extent that in accordance with the law a primary liability or a vicarious liability for agents can come into question.
- In the case of claims for damages that arise in the context of the event "Stars in Concert" and for which S.I.C. Stars in Concert Veranstaltungs GmbH is liable pursuant to section 1, the liability on the part of S.I.C. Stars in Concert Veranstaltungs GmbH for damages to property is limited to 10,000.00 EUR.
- Claims for damages on the part of the customer against S.I.C. Stars in Concert Veranstaltungs GmbH due to breach of major contractual obligations, due to positive breach of contract, due to fault at the time of conclusion of contract or possible impermissible acts in the context of these occurrences are prohibited, unless they are caused by intent or gross negligence on the part of the legal representatives, or senior executives. In the case of infeasibility, delay and possible impermissible acts in the context of occurrences, the claim is limited to compensation for the damage that was foreseeable at the time of ticket purchase.
- Participation in events occurs at one’s own risk. As a matter of principle, S.I.C. Stars in Concert Veranstaltungs GmbH is therefore not liable for physical damages caused by participation in the event, in particular for damages to hearing or other physical damages caused by loudness.
- As a matter of principle, S.I.C. Stars in Concert Veranstaltungs GmbH is not liable for the correctness of information – in particular also not for the information provided by the agencies.
- Place of performance and place of payment is the location of the principal offices of S.I.C. Stars in Concert Veranstaltungs GmbH.
- The exclusive place of jurisdiction, also for disputes in the context of checks and bills of exchange, in the ordinary course of business is the location of the principal offices of S.I.C. Stars in Concert Veranstaltungs GmbH.
- To the extent that a contractual partner fulfills the prerequisites of § 38 subsection 1 of the ZPO (Zivilprozessordnung, German Code of Civil Procedure) and does not possess a general place of jurisdiction within Germany, the place of jurisdiction is the location of the principal office of S.I.C. Stars in Concert Veranstaltungs GmbH.
- German law applies.
- Should individual provisions of these Terms and Conditions be invalid or void, the validity of the other provisions remains unaffected. Incidentally, the legal provisions apply.