Terms and Conditions
These Terms and Conditions consist of two sections:
A: Our Terms and Conditions for the purchase of tickets
B: Our Terms and Conditions for the purchase of vouchers.
A. Terms and Conditions of Konzertdirektion Dr. Rudolf Goette GmbH regarding the purchase of tickets
1. Contact Details and Scope
1.1. Our contact details are:
Konzertdirektion Dr. Rudolf Goette GmbH
Alsterterrasse 10
D-20354 Hamburg
Telephone hotline: (040) 35 35 55
Our Data Protection Officer, Dr Uwe Nolte, can be contacted using the following details and at the email address [email protected]:
Dr Uwe Nolte
Dr Nolte Datenschutz & QM
Am Ziegelteich 44 b
D-22525 Hamburg
Telephone: +49 160 63 222 32
1.2. These General Terms and Conditions (GTC) apply to events offered by us – either in our own name or on behalf of another organiser. They apply to both single tickets and season tickets.
1.3. Should further terms and conditions be incorporated into the contract, in particular those of another organiser, these Terms and Conditions shall take precedence over any other terms and conditions in the event of any conflict.
1.4. In addition to these Terms and Conditions, the house rules displayed at the venue shall apply. In the event of any conflict, these Terms and Conditions shall take precedence over the house rules.
2. Contracting Parties / Services
2.1. Where we sell tickets not as the organiser in our own name, but on behalf of another organiser, we act as that organiser’s agent. In this case, the rights and obligations arising from the event contract are established between the respective organiser and the customer, meaning that any claims the customer may have under the event contract (e.g. regarding the staging of the event, cancellation, rescheduling, etc.) must be made against the organiser, not against us. We have been commissioned by the organiser to carry out and process the sale of tickets (processing the order, dispatching tickets, handling payments, etc.). The respective organiser remains the contractual partner. To ensure a quicker resolution of any queries or issues, the customer is asked to contact us as the point of contact.
2.2. The event contract only includes a right to transport with public transport operators if and to the extent that this is specified in our ticket description or during the ordering process. The transport contract is concluded exclusively between the customer and the transport operator; there is therefore no claim against the organiser for transport.
3. Orders / Conclusion of contract / Draw
3.1. An order placed by the customer at a ticket office, by telephone or via the online shop constitutes an offer to conclude the event contract, which is accepted by us in our own name or on behalf of another organiser in accordance with the following provisions.
3.2. In the case of an order placed by the customer at a ticket office, the contract is concluded upon handover of the ticket.
3.3. In the case of a telephone order, the contract is concluded upon confirmation of acceptance by one of our staff members over the telephone.
3.4. In the case of an order placed via the online shop, the contract is concluded as follows: The customer selects the ticket they wish to purchase and adds it to their shopping basket. Once the customer has confirmed that they have read and accepted the Terms and Conditions, they are prompted to enter their personal details or log in via the “Proceed to checkout” button. The customer is then shown the available payment methods and a summary of the shopping basket contents. After selecting the payment method, the customer is shown a summary of all order details. When the customer clicks the “Buy now” button, they submit the order and thereby make an offer to conclude the contract. The organiser’s declaration of acceptance is sent by email.
As long as the ‘Buy now’ button has not been clicked, the order details can be changed at any time or the purchase cancelled. To change the order details, you can either use your browser’s ‘Back’ function or navigate to the relevant page in the ordering process using the buttons in the shopping basket system to make changes there.
The specific contract text of the order is not saved. However, before submitting the order, you have the option to view the contract details, print them using your browser’s print function, and save the details yourself. These can also be viewed at any time in your customer account after the order has been placed.
3.5. If tickets are allocated by lottery, e.g. due to high demand, an event contract is only concluded if the lottery participant is selected to purchase a ticket and an event contract is subsequently concluded with them. The details regarding participation and the procedure for a lottery are set out in the respective terms and conditions for that lottery.
Participation in the prize draw is non-binding for the participant; neither we nor any other organiser will charge any fees for taking part in the prize draw.
No legal recourse is available in relation to the prize draw. No rights can be derived from participation in the prize draw alone.
Participation in the prize draw is limited to the specified maximum number of tickets. Participants who circumvent this rule – e.g. by providing different names – may be excluded from the prize draw. The same applies to persons who are excluded from purchasing tickets for other reasons.
4. Price components / Delivery charges / Terms of payment
4.1. The amount payable by the customer for the tickets may exceed the prices printed on the tickets, as, for example, ticket outlets may charge separate booking fees. However, where processing and delivery charges are applied in our online shop, these are visible in the shopping basket before the customer confirms their order, so that the total price payable is clear in each case. All prices stated in the online shop include the applicable statutory VAT.
4.2. Where tickets are to be posted, they will be sent by standard post. An additional handling fee will be charged for postage, which includes the postage costs and is shown during the ordering process before the customer confirms their order.
4.3. Depending on the event and the terms of the order, the customer may choose between various payment methods during the ordering process prior to placing the order; these may include, for example, the following:
● Cash payment (only at advance booking offices)
● Prepayment
● Credit card (Visa, MasterCard / EuroCard)
4.4. If the payment method is prepayment, the total price must be transferred to the account specified by us by the date stated in the invoice. The ordered tickets will only be dispatched once the full amount has been received.
4.5. If an instant payment system (e.g. Sofort-Überweisung) has been selected as the payment method, the customer will be redirected either to the order summary page or to the relevant website of the instant payment system provider. There, the customer must then make the relevant selection or enter their personal details.
4.6. We or the organiser reserve the right to restrict the use of the above-mentioned payment methods to the use of one or only certain payment methods on a case-by-case basis.
5. Due date / Retention of title / Chargeback
5.1. The purchase price is due immediately upon conclusion of the contract, unless otherwise notified by us or the organiser (e.g. in the case of payment in advance).
5.2. Tickets remain the property of the organiser until full payment has been received.
5.3. Should a payment made by credit card be charged back, the customer is obliged to reimburse the costs incurred as a result of the chargeback, in particular third-party fees such as those of the banks involved. Any further claims by the organiser arising from the customer’s default or non-performance remain unaffected by this. To avoid the costs associated with chargebacks, the customer is requested, in the event of withdrawal from the purchase contract, a return or a complaint, not to dispute the debit but to contact us to arrange the reversal of the payment.
6. Delivery / Transfer of risk
6.1. Tickets will either be handed to the customer on site, sent to them on request, or made available as a digital ticket (e.g. a mobile ticket or a ticket sent by email to be printed out). Tickets can only be dispatched up to 10 days before the respective event at the latest. If the ticket contains a barcode, only its first use entitles the holder to entry, regardless of whether it is presented on an original ticket or in the form of a digital ticket. It is the customer’s responsibility to protect their online shop account, their printed ticket or their digital ticket from unauthorised access by third parties. If the ticket does not contain a barcode, the same applies: only the first printed copy presented to the admission staff entitles the holder to entry. Copies or reprints of this admission ticket are made at the customer’s own risk.
6.2. If the tickets are dispatched at the customer’s request, the risk of accidental destruction, loss and accidental deterioration passes to the customer as soon as the tickets have been handed over to the delivery company by the organiser or by us as its agent. The choice of delivery company is made by us.
6.3. If, at the customer’s request, tickets are held at a ticket office or at the box office, the customer may only collect the tickets there during opening hours.
7. Maximum order quantity / Contractual penalty
7.1. Each customer may order no more than the maximum number of tickets specified, regardless of the number of orders placed. Circumventing this restriction, for example by providing different names, is prohibited.
7.2. In the event of a breach of this prohibition, the organiser is entitled to withdraw from the event contracts concluded by the customer for this event in excess of the maximum quantity (e.g. by blocking the tickets), whereby, in the case of contracts concluded simultaneously, the organiser has the choice as to which contracts to withdraw from. The customer is also obliged to pay a contractual penalty to the organiser, the amount of which is to be determined by the organiser at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed five times the value of the tickets covered by the withdrawal. If the customer is entitled to a refund as a result of the withdrawal, the organiser may set this off against the contractual penalty. Any other contractual penalties shall be taken into account when determining the contractual penalty. The organiser’s claims for damages remain unaffected, whereby the contractual penalties shall be set off against claims for damages based on the same facts.
8. Additional provisions regarding subscriptions
8.1. A subscription is valid for the booked series during the booked concert season. It is automatically renewed for a further season unless it is cancelled in writing by the customer or the organiser at the end of the booked (or renewed) season. The notice period is specified in the subscription description.
8.2. In the event of a breach of the provisions in clauses 9.6 and 9.10 (unauthorised transfer and failure to disclose the recipient) and clause 10.1 (purchase under a false or third-party name), the organiser is entitled to terminate the subscription extraordinarily and with immediate effect.
8.3. If the customer is unable to attend an event in their subscription series, the organiser may, if the customer waives their right to attend, offer them a voucher as a replacement. The customer has no entitlement to such an exchange. The voucher may be redeemed, in consultation with the organiser and subject to availability, for a ticket to another event during the same concert season. If the selected ticket is more expensive than the proportionate subscription price attributable to the event not attended, the customer must pay the difference.
8.4. If an event in a subscription series is cancelled, the organiser may either refund the customer the proportion of the subscription fee corresponding to the cancelled event or offer the customer a voucher as a replacement. The provisions set out in clause 8.3, sentences 3 and 4, apply to the redemption of the voucher.
9. Eligibility to attend the event / Entry into the event contract / Name registration on the ticket / Prohibitions on resale and transfer / Consequences of breaches / Contractual penalty
9.1. The organiser has an interest in preventing the resale of tickets at inflated prices and the risk of criminal offences arising in connection with attendance at the events. For this reason, the following provisions apply to the use and transfer of tickets.
9.2. Entitlement to attend the event exists solely on the basis of the event contract which the visitor has concluded with the organiser or to which they have become a party under the conditions set out in clause 9.4. A further condition for attending the event is that the visitor presents the ticket bearing their name on the front. If, in the event of a valid transfer of the event contract and the associated transfer of the ticket, a name is already entered, this must be crossed out and the name of the person entering into the contract must be entered in the blank space on the front without obscuring the ticket’s barcode.
9.3. Proof that the visitor is a contracting party of the organiser and has therefore acquired the right to attend the event is provided by presenting the ticket and – at the organiser’s request – a form of photo identification. The organiser reserves the right to refuse admission to the event to ticket holders who have not acquired the right to attend, in particular by blocking the ticket. If the organiser grants the ticket holder access, the organiser shall be released from its obligation to perform towards the contractual partner even if the ticket holder is not a contractual partner or is not entitled to a right of admission. Only one person per right of admission is entitled to attend the event.
9.4. The Customer may only transfer the rights and obligations arising from the Event Contract (and thus also the right of attendance) to a third party if the third party enters into the Event Contract in the Customer’s place, assuming all rights and obligations under the contract (assignment of contract). Such entry requires the organiser’s consent, which is hereby granted in advance subject to the restrictions set out in clause 9.5. The transfer of individual rights under the event contract, in particular the right of attendance, is excluded if the third party does not simultaneously assume all rights and obligations under the event contract with the organiser’s consent. Where a contractual partner of the organiser has lawfully acquired multiple rights of attendance under an event contract and lawfully transfers these rights of attendance to several third parties by way of contract assumption, this shall result in separate event contracts being concluded with each of the persons assuming the rights.
9.5. In order to prevent the resale of tickets at inflated prices and the risk of criminal offences in connection with attendance at the events, the organiser’s consent to the admission of a third party under the event contract in accordance with clause 9.4 shall not be granted in the following cases:
- In the event of the sale of tickets, either by the customer themselves or through a third party, where the resale price exceeds the amount paid by the customer for the respective ticket – including any fees such as advance booking, processing and service charges, and postage costs, plus a flat fee of EUR 5.00 – by more than 10%; this applies in particular to private transfers;
- In the case of the sale of tickets at auctions (in particular on the internet), either by the customer themselves or through third parties;
- In the case of the sale of tickets via internet marketplaces or internet ticket exchanges, either by the customer themselves or through third parties;
- In the case of the commercial sale of tickets without the express prior written consent of the organiser;
- When transferring tickets, whether for a fee or free of charge, for the purposes of advertising, marketing, as a bonus, promotional gift, prize or part of a hospitality or travel package without the express prior written consent of the organiser;
- When intentionally transferring tickets to persons who are banned from the event premises.
9.6. The resale or transfer of tickets in breach of clause 9.5 is prohibited. The same applies to the offering of tickets where the resale or transfer resulting from such an offer would breach clause 9.5.
9.7. For each breach of the prohibition set out in clause 9.6, the customer shall be obliged to pay a contractual penalty to the organiser, the amount of which shall be determined by the organiser at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which shall not exceed EUR 2,500.00 per breach. The number of infringements shall be determined by the number of tickets unlawfully offered, resold or transferred. Any other contractual penalties shall be taken into account when determining the contractual penalty. The Organiser’s claims for damages remain unaffected, whereby the contractual penalties shall be set off against claims for damages based on the same facts.
9.8. In the event of a breach of the prohibition set out in clause 9.6, the organiser is entitled, in addition to claiming a contractual penalty and, where applicable, damages, to withdraw from the event contract and/or to block the admission ticket and refuse the ticket holder entry to the event. If the customer is entitled to a refund as a result of the withdrawal or blocking, the organiser may set this off against the contractual penalty.
9.9. In the event of a breach of the prohibition set out in clause 9.6, the organiser is entitled, without prejudice to its contractual freedom, to exclude the customer from purchasing tickets in future.
9.10. In the event of the resale or transfer of a ticket, the customer is obliged, at the organiser’s request, to provide the organiser with the name and address of the recipient of the ticket within 14 days.
9.11. If the customer fails to fulfil their obligation under clause 9.10 within the specified time limit and, as a result, the organiser is unable to claim a contractual penalty in the event of a breach of the prohibition under clause 9.6 by the recipient or a subsequent transferee, the organiser is entitled to claim a contractual penalty from the contracting party. The amount of such a penalty shall be determined by applying clause 9.7 mutatis mutandis and taking due account of any other contractual penalties, and may be reviewed by the competent court in the event of a dispute
9.12. Where we act on behalf of another organiser, our position as the organiser’s agent specifically entitles us to exercise the organiser’s rights set out in this clause 9 on the organiser’s behalf and in the organiser’s name.
9.13. Clauses 9.1–9.12 also apply to season tickets and their transfer for individual or multiple events. In the event of a valid transfer, the transferee shall, in accordance with clause 9.4, enter into the season ticket contract for the events for which the season ticket is transferred to them. The transfer shall be carried out in the same way as for a single ticket, i.e. the name of the authorised holder must be crossed out and the name of the person entering into the contract must be entered in the blank space on the front without overwriting the barcode on the season ticket. The permissible surcharge for season tickets in the event of a valid transfer as part of a contract takeover by a third party in accordance with clause 9.5, first indent, is calculated by dividing the total price of the season ticket by the number of events covered by the season ticket, in each case relating to the season in question.
10. Purchases made under a false name or through an agent / Contractual penalty
10.1. The purchase of tickets under a false name or another person’s name, in particular by operators of online ticketing platforms, is prohibited.
10.2. The organiser is entitled to withdraw from the contract if a ticket is purchased in breach of the prohibition set out in clause 10.1 and the contract was initially concluded without the organiser being aware of the breach.
10.3. The purchaser of the ticket is also obliged to pay the organiser a contractual penalty for each breach of the prohibition set out in clause 10.1, the amount of which is to be determined by the organiser at its reasonable discretion and which may be reviewed by the competent court in the event of a dispute, but which may not exceed EUR 2,500.00 per breach. The number of breaches shall be determined by the number of tickets purchased under a false name.
10.4. If the customer is entitled to a refund due to withdrawal in accordance with clause 10.2, the organiser may set this off against the contractual penalty under clause 10.3. Any other contractual penalties shall be taken into account when determining the contractual penalty. Further claims for damages remain unaffected, whereby the contractual penalties shall be set off against claims for damages based on the same facts.
10.5. Where we act on behalf of another organiser, our position as the organiser’s agent entitles us, in particular, to exercise the organiser’s rights set out in clauses 10.1 to 10.4 on the organiser’s behalf and in the organiser’s name.
11. Discounts / Verification of details
11.1. Attendance at an event at a reduced price is only possible if the relevant entitlement to a discount is still valid on the day of the event. Proof of eligibility must be provided to the admissions staff upon request at the entrance. If proof is not provided, admission to the event is only granted if the difference between the reduced price and the full ticket price is paid. Discounts cannot be combined (e.g. student discount and discount for people with disabilities).
11.2. If entitlement to a discount does not yet exist at the time the contract is concluded but is acquired at a later date, there is no entitlement to a retrospective discount or to withdraw from the contract. The same applies if an organiser introduces and offers discounts at a later date.
11.3. The customer is obliged to check the tickets immediately upon receipt to ensure that the number of tickets, the date and venue of the event, the time, any discounts, etc. are correct, and to raise any complaints without delay. If a ticket is purchased at a ticket office, it must be checked immediately on the spot. The same applies to the confirmation email sent to the customer, which must also be checked for correctness immediately upon receipt. Complaints regarding tickets not purchased on-site may be made by telephone via our hotline or by email. The telephone number of our hotline and our email address are specified in section 1.1.
12. Cancellation, rescheduling and changes to events
12.1. The organiser reserves the right to cancel an event due to force majeure (in particular severe weather, earthquakes, floods, fire, war, strikes, operational disruptions caused by external factors – such as power cuts), because the state security authorities advise against or prohibit the holding or continuation of the event due to the risk of a terrorist attack, or due to the incapacity, illness or death of a performer, if no replacement is available or if this is deemed appropriate for reasons of respect. In this case, the customer shall be refunded the full ticket price or – in the event of the event being curtailed – a pro rata amount. Further claims by the customer are excluded if the organiser is not responsible for the reason for the cancellation or curtailment of the event. The organiser’s statutory rights to cancel or curtail an event remain unaffected.
12.2. The organiser reserves the right, in the event of an artist’s incapacity, illness or death, to make a replacement and/or a programme change at its reasonable discretion, or to relocate the event to another venue or reschedule it to another date at its reasonable discretion for a reason specified in clause 12.1, provided this is reasonable for the customer to accept, taking into account the organiser’s interests. In this case, the customer’s rights of withdrawal and reduction are excluded. The organiser’s statutory rights to reschedule or alter an event remain unaffected.
12.3. The organiser reserves the right, even after the contract has been concluded, to allocate a different seat to the customer for the event in question at its reasonable discretion if the seat indicated on the ticket is not available (e.g. due to a defect) and this is reasonable for the customer to accept, taking into account the organiser’s interests. In this case, the customer’s rights to cancel the contract or claim a reduction in price are excluded. The organiser’s statutory rights to change seats remain unaffected.
13. Liability provisions
13.1. The organiser’s liability for damages resulting from injury to life, limb or health that are not attributable to a culpable (i.e. intentional or negligent) breach of duty by the organiser, its legal representatives or vicarious agents is excluded.
13.2. The organiser shall only be liable for damage other than that resulting from injury to life, limb or health if such damage is attributable to wilful misconduct or gross negligence on the part of the organiser, its legal representatives or vicarious agents. However, insofar as the damage is attributable to a breach of essential contractual obligations (i.e. those obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely), the organiser shall be liable for any fault, though in the case of slight negligence, liability shall be limited to the foreseeable damage typical for this type of contract.
13.3. Liability under the Product Liability Act, which governs a manufacturer’s liability for products, remains unaffected by clauses 13.1 and 13.2.
13.4. The provisions set out in clauses 13.1 to 13.3 apply mutatis mutandis to the liability of the organiser’s vicarious agents and legal representatives. They also apply mutatis mutandis to our liability and the liability of our vicarious agents and legal representatives.
13.5. The burden of proof and the duty to adduce evidence remain unaffected by this clause 13.
14. Wheelchair users
Seats are available for wheelchair users. You are only entitled to an accessible seat if you have notified us of your need for one before purchasing a ticket and the organiser, or we as their representative, has confirmed that such a seat is available.
15. Withdrawal
The customer cannot withdraw their declaration to enter into the contract, as there is no right of withdrawal under Section 312g(2), first sentence, point 9 of the German Civil Code (BGB). The tickets are therefore non-returnable.
16. Data Protection
16.1. Contact Information: We are the data controller within the meaning of Article 4(7) of the GDPR. Our address and contact information, as well as the address and contact information of our Data Protection Officer, including their email address, are provided in Section 1.1.
16.2. Purpose of Processing and Legal Basis: To the extent that the purchase of a ticket or a subscription requires the customer to provide personal data (hereinafter: “Data”), this data is processed for the purpose of concluding and fulfilling the contract (including legal enforcement and debt collection) on the basis of data protection regulations, in particular Article 6(1)(b) of the GDPR. The data is also processed on the basis of data protection regulations to safeguard the legitimate interests of the organizer (in particular Article 6(1)(f) of the GDPR). The legitimate interest lies—in accordance with the following provisions—in preventing the organizer or third parties from incurring bad debt, as well as in transmitting product information to the customer.
16.3. Data Categories: The following categories of data are processed: master data (such as name and address), communication data, contract and order data, receivables data, and, where applicable, payment and delinquency information.
16.4. Third-party recipients: Data is also exchanged with third parties (e.g. event organisers, service providers) for the purpose of fulfilling the contract. Furthermore, data may – even prior to the conclusion of the contract – be transferred to credit reference agencies, such as SCHUFA, in accordance with the relevant regulations, in order to prevent the organiser or third parties from incurring bad debts, e.g. to calculate probability values for a default or to transmit undisputed or legally established claims of the organiser with which the customer is in default. The credit reference agencies also store the data transmitted to them in order to make it available to their affiliated contractual partners for the purpose of assessing the risk of default. However, such provision of data shall only take place if the contractual partners affiliated with the credit agency can demonstrate a legitimate interest in the transfer of the data. The credit agency may disclose address data for the purpose of debtor tracing. The customer may obtain information from the credit reference agency regarding data stored about them. In the event of debt collection, data may be transferred to the following categories of recipients, provided this is necessary for the collection of the debt: assignees, credit reference agencies, debt collection agencies, third-party debtors, registration offices, courts, bailiffs, solicitors. In the event of a breach of the provisions of clauses 9.6 and 9.10 (unauthorised disclosure and failure to identify the recipient) and clause 10.1 (purchase under a false or third-party name), the data may also be disclosed to third parties who require it for the legal prosecution of similar breaches, such as a competition authority.
16.5. Product information: Data is used in accordance with data protection regulations (in particular Article 6(1)(f) of the GDPR) to provide the customer with information about other services offered by the organiser, either by post or – in compliance with Section 7(3) of the Unfair Commercial Practices Act – by electronic means.
16.6. Data retention period: The data shall be deleted without delay where there is an obligation to do so, in particular where the data is no longer required for the purposes for which it was collected and there are no conflicting retention obligations. Irrespective of this, a review shall be carried out every three years to determine whether the data can be deleted.
16.7. Customer’s rights to object: The customer may object to the organiser at any time regarding data processing for the purpose specified in clause 16.5. Irrespective of this, the customer has a right to object under Article 14(2)(c) in conjunction with Article 21 of the GDPR to processing under Article 6(1)(f) of the GDPR.
16.8. Other rights of the customer: Provided the legal requirements (in particular those of the GDPR) are met, the customer is entitled to the following rights: the right of access, rectification, erasure, restriction of processing and data portability. Furthermore, the customer may lodge a complaint with the supervisory authority regarding the processing of data relating to them. The address of the supervisory authority responsible for us is: The Hamburg Commissioner for Data Protection and Freedom of Information, Mr Thomas Fuchs, Ludwig-Erhard-Str. 22, 20459 Hamburg, Telephone: 040/428 54-4040, Fax: 040/428 54-4000, Email: [email protected].
17. Dispute Resolution
The EU provides an online platform for out-of-court dispute resolution for consumers at https://consumer-redress.ec.europa.eu/index_de.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Should you require clarification, please feel free to contact us at any time.
18. Choice of law / Agreement on international and local jurisdiction
18.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
18.2. The German courts shall have exclusive international jurisdiction over any disputes arising from or in connection with the event contract if the customer entered into the contract for a purpose that can be attributed to their professional or commercial activities, or if the customer had their domicile or habitual residence in the Federal Republic of Germany at the time the contract was concluded. In all other respects, the statutory rules on jurisdiction shall apply.
18.3. If the German courts have international jurisdiction and the customer was a trader at the time the contract was concluded, the courts in whose district we have our registered office shall have exclusive local jurisdiction. In all other respects, the statutory rules on jurisdiction shall apply.
B. Allgemeine Geschäftsbedingungen der Konzertdirektion Dr. Rudolf Goette GmbH für den Erwerb von Gutscheinen
1. Contact Details and Scope
1.1. Our contact details are:
Konzertdirektion Dr. Rudolf Goette GmbH
Alsterterrasse 10
D-20354 Hamburg
Telephone hotline: (040) 35 35 55
Our Data Protection Officer can be contacted using the above contact details or via the email address [email protected].
1.2. These General Terms and Conditions apply to contracts for the purchase of vouchers concluded via our online shop, by telephone or at our ticket offices.
1.3. These General Terms and Conditions do not apply to the purchase of admission tickets or season tickets; instead, our General Terms and Conditions for the purchase of admission tickets, set out above under A., apply.
1.4. Any deviating or conflicting terms and conditions of the customer shall not apply unless we expressly agree to them in writing.
2. Contracting Parties
The offer to purchase vouchers from us is intended exclusively for consumers. A consumer is defined as a person who enters into a contract for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
3. Voucher redemption / Remaining balance / Transferability / Loss / Validity period
3.1. Vouchers may only be redeemed for the purchase of tickets via our online shop or by telephone. The purchase of tickets is subject to our General Terms and Conditions for the Purchase of Tickets, which are set out above under A.
3.2. Vouchers cannot be redeemed for cash, including partial amounts. If a voucher is only partially redeemed, the remaining balance remains valid and can be redeemed when purchasing further tickets from us.
3.3. Vouchers are transferable. Multiple redemption of a voucher, including via copies or reprints, is not permitted.
3.4. We may fulfil our obligations to the respective holder of a voucher with discharging effect. If the customer has lost a voucher, we are not obliged to fulfil our obligations. There is no entitlement to a replacement for a lost voucher.
3.5. A voucher is only valid until the end of the third calendar year following the year of issue. Example: If a voucher is issued on 1 April 2026, it is valid until 31 December 2029.
4. Order / Conclusion of contract
4.1. The customer’s order placed at a ticket office, by telephone or via our online shop constitutes an offer to enter into a contract for the purchase of a voucher, which we accept in accordance with the following provisions.
4.2. When purchasing a voucher at a ticket office, the contract is concluded upon handover of the voucher.
4.3. In the case of a telephone order, the contract is concluded upon the declaration of acceptance by one of our staff members over the telephone.
4.4. When ordering via the online shop, the contract is concluded as follows: The customer selects the voucher they wish to purchase and adds it to their basket. Once the customer has confirmed that they have read and accepted the Terms and Conditions, they are prompted to click the “Proceed to checkout” button to enter their personal details or log in. The customer is then shown the available payment methods and the contents of their shopping basket once again. After selecting the payment method, the customer is shown a summary of all order details. When the customer clicks the “Buy now” button, they submit the order and thereby make an offer to conclude the contract. The organiser’s declaration of acceptance is sent by email.
As long as the ‘Buy now’ button has not been clicked, the order details can be changed at any time or the purchase cancelled. To change the order details, you can either use your browser’s ‘Back’ function or navigate to the relevant page in the ordering process using the buttons in the shopping basket system to make changes there.
The specific contract text of the order is not saved. However, before submitting the order, you have the option to view the contract details, print them using your browser’s print function, and save the details yourself. These can also be viewed at any time in your customer account after the order has been placed.
5. Price components, delivery charges, payment terms
5.1. All prices quoted include the applicable statutory value added tax.
5.2. Vouchers are sent by standard post. An additional handling fee is charged for postage, which covers the postage costs and is shown during the ordering process before the customer confirms their order.
5.3. In the event of cancellation, the customer shall bear the direct costs of returning the goods.
5.4. When placing an order, the customer may choose between various payment methods, which are specified during the ordering process before the customer confirms the order and which may include, for example, the following payment methods:
● Cash payment (only at advance sales outlets)
● Prepayment
● Credit card (Visa, MasterCard / EuroCard)
● Sofort-Überweisung
5.5. If prepayment is selected as the payment method, the total price must be transferred to the account specified by us by the date stated in the invoice. The ordered vouchers will only be dispatched once the full amount has been received.
5.6. If an instant payment system (e.g. Sofort-Überweisung) has been selected as the payment method, the customer will be redirected either to the order summary page or to the relevant website of the instant payment system provider. There, the relevant selection must be made and personal details entered.
5.7. We reserve the right to restrict the use of the above payment methods to one or only certain payment methods on a case-by-case basis.
6. Due date, retention of title, chargeback
6.1. The purchase price is due immediately upon conclusion of the contract, unless we specify otherwise (e.g. in the case of payment in advance).
6.2. Vouchers remain our property until full payment has been made.
6.3. Should a payment made by credit card be charged back, the customer is obliged to reimburse the costs incurred as a result of the chargeback, in particular third-party fees such as those of the banks involved. Any further claims on our part arising from the customer’s default or non-performance remain unaffected by this. To avoid the costs associated with the chargeback, the customer is requested, in the event of withdrawal from the contract, not to dispute the debit but to coordinate the reversal of the payment with us.
7. Delivery, Transfer of Risk
7.1. Vouchers are provided to the customer either in digital form, sent by post, or handed over in person on the premises.
7.2. If dispatch is carried out at the customer’s request, the risk of accidental destruction, loss and accidental deterioration shall pass to the customer as soon as the voucher has been handed over by us to the delivery company. The choice of delivery company shall be made by us.
7.3. A voucher may only be redeemed up to the total value stated on the voucher. Multiple redemptions, including via copies or reprints, are prohibited. It is the customer’s responsibility to protect their online shop account, their printed voucher or their digital voucher from unauthorised access by third parties.
8. Liability Regulations
8.1. We shall not be liable for damages resulting from injury to life, limb or health that are not attributable to a culpable (i.e. intentional or negligent) breach of duty on our part or on the part of our legal representatives or vicarious agents.
8.2. We shall only be liable for damages other than those arising from injury to life, limb or health if they are attributable to wilful misconduct or gross negligence on our part or on the part of our legal representatives or vicarious agents. However, insofar as the damage is based on a breach of essential contractual obligations (i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the contracting party regularly relies and is entitled to rely), we shall be liable for any fault, though in the case of slight negligence this liability shall be limited to the foreseeable damage typical for this type of contract.
8.3. The provisions set out in clauses 8.1 and 8.2 shall apply mutatis mutandis to the liability of our vicarious agents and our legal representatives.
8.4. The burden of proof and the burden of presentation remain unaffected by this clause 8.
9. Cancellation Policy
9.1. Customers have no right of withdrawal when purchasing vouchers at ticket outlets. In all other cases of purchase, particularly through our online store or via telephone order, the buyer—if a consumer—has a right of withdrawal. A consumer is defined as a person who enters into the contract for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
9.2. We provide information regarding the right of withdrawal applicable in the cases mentioned in Section 9.1 below in Section 9.3. The model withdrawal form that may be used for the notice of withdrawal is provided in Section 9.4.
9.3. Cancellation Policy:
Cancellation Policy
Right of Cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must inform us (Konzertdirektion Dr. Rudolf Goette GmbH, Alsterterrasse 10, 20354 Hamburg, Tel.: +49 40 35 35 55, Email: [email protected]) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option offered by us), without undue delay and in any event within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. 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 earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only be liable for any diminished value of the goods if this is attributable to handling of the goods that goes beyond what is necessary to establish their nature, characteristics and functioning.
9.4. Model withdrawal form
If you wish to withdraw from the contract, please complete this form and return it: Model withdrawal form
10. Privacy
10.1. Contact details: We are the data controller within the meaning of Article 4(7) of the GDPR. Our address and contact details, as well as the address and contact details of our data protection officer, including their email address, are set out in section 1.1.
10.2. Purpose of processing and legal basis: Insofar as the purchase of a voucher requires the customer to provide personal data (hereinafter: “data”), this data is processed for the purposes of concluding and fulfilling the contract (including legal proceedings and debt collection) on the basis of data protection provisions, in particular Article 6(1)(b) of the GDPR. The data is also processed on the basis of data protection regulations to safeguard the organiser’s legitimate interests (in particular Article 6(1)(f) of the GDPR). The legitimate interest lies – in accordance with the following provisions – in the avoidance of bad debt and in the transmission of product information to the customer.
10.3. Categories of data: The following categories of data are processed: master data (such as name and address), communication data, contract and order data, debt data, and, where applicable, payment and late payment information.
10.4. Third-party recipients: Data is also shared with third parties (e.g. service providers) for the purpose of fulfilling the contract. Data may also – even prior to the conclusion of a contract – be transmitted to credit reference agencies, such as SCHUFA, in accordance with the relevant regulations, to prevent bad debts; for example, to calculate probability values for a bad debt or to transmit undisputed or legally established claims against the customer with which the customer is in default. Credit reference agencies also store the data transmitted to them in order to make it available to their affiliated contractual partners for the purpose of assessing the risk of non-payment. However, such provision of data shall only take place if the contractual partners affiliated with the credit reference agency can demonstrate a legitimate interest in the transmission of the data. The credit reference agency may disclose address details for the purpose of locating the debtor. The customer may obtain information from the credit reference agency regarding data stored about them. In the event of debt collection, data may be transferred to the following categories of recipients, provided this is necessary for the collection of the debt: assignees, credit reference agencies, debt collection agencies, third-party debtors, registration offices, courts, bailiffs, solicitors.
10.5. Product information: Data is used in accordance with data protection regulations (in particular Article 6(1)(f) of the GDPR) to send the customer information about other services offered by the organiser by post or – in compliance with Section 7(3) of the Unfair Commercial Practices Act – by electronic means.
10.6. Data retention period: The data shall be deleted without delay where there is an obligation to do so, in particular where the data is no longer required for the purposes for which it was collected and there are no conflicting retention obligations. Irrespective of this, a review shall be carried out every three years to determine whether the data can be deleted.
10.7. Customer’s rights to object: The customer may object to the organiser at any time regarding data processing for the purpose specified in clause 10.5. Irrespective of this, the customer has a right to object under Article 14(2)(c) in conjunction with Article 21 of the GDPR to processing under Article 6(1)(f) of the GDPR.
10.8. Other rights of the customer: Provided the legal requirements (in particular those of the GDPR) are met, the customer is entitled to the following rights: the right of access, rectification, erasure, restriction of processing and data portability. Furthermore, the customer may lodge a complaint with the supervisory authority regarding the processing of data relating to them. The address of the supervisory authority responsible for us is: The Hamburg Commissioner for Data Protection and Freedom of Information, Mr Thomas Fuchs, Ludwig-Erhard-Str. 22, 20459 Hamburg, Telephone: 040/428 54-4040, Fax: 040/428 54-4000, Email: [email protected].
11. Dispute Resolution
The EU provides an online platform for out-of-court dispute resolution for consumers at https://consumer-redress.ec.europa.eu/index_de.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Should you require clarification, please feel free to contact us at any time.
12. Choice of Law, Agreement on International and Local Jurisdiction
12.1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2. The German courts shall have exclusive international jurisdiction over any disputes arising from or in connection with the contract if the customer entered into the contract for a purpose that can be attributed to their professional or commercial activity, or if the customer had their domicile or habitual residence in the Federal Republic of Germany at the time the contract was concluded. In all other respects, the statutory rules on jurisdiction shall apply.
12.3. If the German courts have international jurisdiction and the customer was a trader at the time the contract was concluded, the courts in whose district we have our registered office shall have exclusive local jurisdiction. In all other respects, the statutory rules on jurisdiction shall apply.
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Competition Terms and Conditions
We have summarised all the details of our competition terms and conditions for you here: