General Terms and Conditions
Any person who contacts MB Capital Services GmbH (hereinafter "MB Capital Services") and calls the website of MB Capital Services (the "Buyer" or the "User"), declare to agree to the following General Terms and Conditions, as respectively applicable:
The subject-matter of these General Terms and Conditions is the sale of "online tickets" by MB Capital Services, as well as related services. The business relationship between the Buyer or User and MB Capital Services shall be exclusively governed by the following General Terms and Conditions. Inconsistent general terms and conditions of the Buyer/User shall not apply, unless MB Capital Services expressly agrees in writing to their application.
MB Capital Services sells online tickets as the agent of the respective event organizer and, in its capacity as agent, is entitled to conclude the contract on the purchase of online tickets at its own discretion, however on behalf and on account of the event organizer, contemporaneously against payment of the online ticket price.
A contractual relationship is thereby created exclusively between the Buyer and the respective event organizer.
The general terms and conditions of the event organizer as well as the house regulations of the respective event location must be complied with.
The event organizer shall be solely responsible for operation and contents of the events.
By virtue of its order confirmation by email to the Buyer, MB Capital Services, as the agent of the event organizer, accepts the contract offer of the Buyer. MB Capital Services disclaims any liability for the correctness of the event data contained in the website of MB Capital Services.
2. Knowledge about the use of electronic means of communication
The Users of the website of MB Capital Services confirm to be familiar with the electronic means of communication and to be aware of the safety risks of electronic communication. The Users agree to use the means of communication in compliance with applicable laws.
The online ticket shop may be used with or without personal registration, at the Buyer's option. If the online ticket shop is used with a personal registration, a registration contract is closed between the Buyer and MB Capital Services. The contract between the Buyer and the event organizer is then closed concurrently upon payment by the Buyer of the price of the service.
3. Purchase of the ticket
Online tickets are paid with the means of payment available in the online ticket shop. MB Capital Services accepts the payment on behalf of the event organizer within the framework of the free discretion granted to it by the respective event organizer.
The account of the used means of payment will be charged after completion of the payment transaction. The online ticket will be immediately available after its personalization. Online tickets are exclusively personal, non-transferable and non-refundable tickets. Upon purchase of a ticket, the Buyer of an online ticket acknowledges the safety, access and other regulations of the event organizer. Online tickets may only be bought on the official website of MB Capital Services or the respective websites of the event organizers through the ticket shop infrastructure of MB Capital Services. The Buyer herewith acknowledges that if regulations are not complied with, he/she may be excluded from the event without any compensation. Any other applicable regulations are mentioned on the website of MB Capital Services and on the online ticket.
The Buyer may correct the entered data at any time up until dispatch of the payment information. When dispatching the payment information within the ordering process by clicking the button "ORDER AND PAY", the Buyer makes a binding offer for participation in the event. MB Capital Services, as the agent of the event organizer, accepts the contracting offer of the Buyer with its order confirmation by email to the Buyer. The contract between the Buyer and the event organizer is concluded by virtue of the order confirmation.
MB Capital Services accepts payment on behalf of the event organizer within the framework of the discretion granted to it by the event organizer. The indicated prices in the summary of an order are end prices and include the respectively applicable statutory VAT. The total price of an order shall be payable immediately upon conclusion of the contract.
Transfer to the Buyer of the claim documented by the online ticket is subject to full payment of the invoice amount.
Conclusion of the contract will be effected in the German or English language, depending upon the language of the online shop.
4. Personal ticket and identity card
Online tickets are personal and not transferable. Online tickets must be protected from humidity and may not be altered or copied. The online ticket is only valid for the Buyer/ visitor whose surname and first name are printed on the ticket; therefore, an identification document (e.g. identity card, passport) must be exhibited at the entrance control of the event. Validity of the online ticket will be checked electronically by the event organizer.
5. Printer requirements
The printer used to print the ticket must be a laser or ink-jet printer, a matrix printer is not sufficient. A valid online ticket (black-and-white or colour) has a resolution of at least 300 dpi and may not be printed in "economic" quality. The Buyer shall be responsible that white paper in A4 format is used and the printer driver is set on standard values, and that ink and toner are available in sufficient quantities.
6. Damaged tickets
Online tickets whose micro structure or barcode is damaged in any manner whatsoever are no longer valid. If duplicates emerge or any other type of fraud is ascertained (leading to a criminal complaint), MB Capital Services reserves the right to refuse all online tickets and refund their price to their lawful owners.
7. Cancellation and postponement of the event
Should the event be cancelled or postponed, this shall only affect the contractual relationship between the Buyer and the event organizer. MB Capital Services is not an event organizer and hence is not liable for proper implementation of events.
If the event is postponed, the purchased online ticket shall be automatically valid for the postponed event (date of postponement). The Buyer of the online ticket shall not be entitled to return or exchange the ticket; such procedure is excluded as a matter of principle. The sale of tickets may be discontinued at any time without justification.
8. Copyright protection
The whole content of the website of MB Capital Services is protected by copyright; therefore, any download or printout of individual pages and/or sections of MB Capital Services' website is only permitted if copyright notices and other protected designations are not removed. In the case of downloading or otherwise duplicating MB Capital Services' website, all rights to the information contained therein shall remain with MB Capital Services. As a matter of principle, any commercial use of MB Capital Services' website or any parts thereof is forbidden.
MB Capital Services shall not be liable for any direct damage or indirect damage (consequential damage) caused in connection with calling services from or making inquiries to MB Capital Services, except if such damage has been caused by MB Capital Services wilfully or by gross negligence.
In all other cases – unless provided otherwise in the following paragraph 3 – MB Capital Services shall only be liable if a contractual obligation has been violated whose performance is necessary for the proper execution of the contract and on whose performance the Buyer and/or the User must basically rely in his/her position (so-called core obligation), however only up to the compensation for the foreseeable and typical damage under such type of contract. In all other cases, any liability of MB Capital Services shall be excluded, subject to the provisions in the following paragraph 3.
MB Capital Services' liability for any damage resulting from an injury to life, body, or health of persons, and its liability under product liability law shall not be affected by the above disclaimers.
The disclaimer of liability stipulated in Section 9 paragraph 1 to 3 of these General Terms and Conditions shall also apply to any damage caused by transmission errors, technical defects, operational failures, or illegal interventions in computer systems, regardless of location and type of the impairment. Furthermore, any liability of MB Capital Services for any damage resulting from disturbances, interruptions (including system-related maintenance work) or overload of computer systems shall be excluded within the framework of above paragraph 1 to 3.
The above disclaimer of liability shall also apply to any damage caused by links with other websites. In particular, MB Capital Services draws the Users' attention to the fact that, when clicking on links, this may mean leaving the website of MB Capital Services, and MB Capital Services neither has checked the linked sites nor assumes any liability for their contents, products, services, or other offers.
Since MB Capital Services is not an event organizer, MB Capital Services does not assume any liability for any material damage, personal injury or damage to property in connection with the organization and implementation of the event.
The event organizer defines the event data and provides these data and information on the event to MB Capital Services which publishes them on its website. MB Capital Services does not assume any warranty for the correctness of the information callable on the website, in particular not for the correctness, completeness, and reliability of such information as long as MB Capital Services is not aware of the incorrectness of the data.
The data displayed on MB Capital Services' website are exclusively for information of potential visitors of the events. The Users are aware that this information may be modified at any time without notice.
10. No right to cancellation
Pursuant to § 312g para. 2 no. 9 of the German Civil Code (BGB), the Buyer has no right to cancel the services ordered from MB Capital Services for the sale of online tickets, if such services must be performed at a definite point in time or within a precisely definite period of time.
11. Governing law and jurisdiction
The effectiveness of these General Terms and Conditions shall not be affected by the ineffectiveness of individual provisions hereof. In such a case, the Parties shall replace the ineffective provision in whole or in part by a legally admissible provision that matches the economic meaning and purpose of the ineffective provision as closely as possible. The same shall apply to loopholes in these General Terms and Conditions.
These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany. If the Buyer is a businessman within the meaning of the German Commercial Code, a public law entity or a special fund under public law, the place of performance and jurisdiction for the services rendered hereunder shall be Berlin.
12. House regulations
The house regulations of the respective event location as well as the general terms and conditions of the event organizer shall apply.
The ticket must be kept until leaving the event location.
13. Online settlement of disputes
Information on online settlement of disputes pursuant to art. 14 para. 1 ODR Regulation: the European Commission provides a platform for the online settlement of disputes (OS) which can be found under https://ec.europa.eu/consumers/odr/
Our email address is: email@example.com
Information on consumer settlement of disputes pursuant to § 36 of the German Consumer Disputes Settlement Act (VSBG): MB Capital Services will not participate in a settlement of disputes procedure before a consumer conciliation board within the meaning of the German Consumer Disputes Settlement Act and is not bound to either.
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