General terms and conditions (GTC) for the Ticketrunner Platform
(Last update: March 2017)
The Operator is Ticketrunner GmbH, Longericherstrasse 12, 50767 Cologne.
The Ticketrunner Plattform is an online platform managed and operated by the Operator on which the Organizer can list the events organized by them and allow these events to be advertised by Affiliates and Ticketrunners in order thereby to increase ticket sales for the Organizer’s events.
The Organizer lists its events on the Ticketrunner Platform and specifies the type and manner of remuneration (affiliate commission or reward) as well as the amount and any applicable conditions.
The Affiliate may select an event listed on the Ticketrunner Platform, for which an affiliate commission has been specified, and advertise it by, for example, sharing it in social networks and linking to it. Affiliates are exclusively companies.
The Ticketrunner may select an event listed on the Ticketrunner Platform, for which a reward has been specified, and advertise it by, for example, sharing it in social networks and linking to it. Ticketrunners are exclusively consumers.
The Ticket Provider is the company that was contracted by the Organizer for the sale of tickets for the respective event.
The Customer buys a ticket for an event from the Ticket Provider. The Customer arrives at this ticket via a link provided by an Affiliate or a Ticketrunner.
A Sale is the completed and fulfilled ticket-purchase agreement between the Ticket Provider and the Customer following receipt of the Customer’s payment by the Ticket Provider.
Successful brokerage of a sale by an Affiliate or a Ticketrunner means that the Customer, with whom the sale is concluded, has arrived at the event via a link placed by the Affiliate or Ticketrunner.
An Affiliate commission is the net fee that the Affiliate receives for a successful brokerage. This fee is payable in the amount determined by the Organizer. This amount is determined according to a percentage of the gross ticket sales price.
A Reward is the remuneration that the Ticketrunner receives for a number of successful brokerages specified by the Organizer. This remuneration is not in the form of money but, for example, in the form of free tickets, merchandise articles, VIP treatment, or drink vouchers etc.
Aktionen werden von der Marke innerhalb der Kampagne eingestellt und beschrei-ben die genauen Voraussetzungen, die ein Botschafter erfüllen muss um Punkte zu verdienen, die dann wiederum gegen Rewards eingetauscht werden können.
An Operator commission is the net fee that shall be paid to the Operator with each sale by the Organizer. For a sale brokered by an Affiliate, this operator commission shall be paid in addition to the affiliate commission and amounts to 30% of the affiliate commission but at least €1.00. For a sale brokered by a Ticketrunner, it shall amount to 10% of the net ticket sales price.
Tracking refers to the monitoring and recording of sales and their successful brokerage. Tracking is done by the Operator.
§ 1 Validity
These GTC come into force in the version valid at the time of the registration and govern participation of Ticketrunners in the Ticketrunner Platform.
§ 2 Other general terms and conditions
Any differing, conflicting, or supplemental general terms and conditions on the part of the Ticketrunner shall not apply, even if recognised by the Operator, unless their applicability is expressly agreed upon in writing.
§ 3 Services of the Operator
(1) The Operator shall provide the technical conditions for the use of the Ticketrunner Platform and operate and manage it.
(2) After successful registration, the Ticketrunner may select an event listed on the Ticketrunner Platform, for which a reward has been specified by the Organiser, and advertise it by, for example, sharing it in social networks and linking to it after confirmation of the respective house rules.
(3) The Operator shall carry out the tracking, i.e. monitor and report the sales and successful brokerage by the Ticketrunner. The Operator shall make an overview of the sales and the successful brokerage available to the Ticketrunner.
(4) The Operator is entitled to make use of third parties/ subcontractors for the fulfilment of the obligations described above.
(5) By registering on the Ticketrunner Platform, a contract arises only between the Operator and the Ticketrunner regarding the use of the Ticketrunner Platform. However, no contract arises thereby between the Ticketrunner and the Organiser, the Affiliate, the Customer, or the Ticket Provider.
(6) The Operator provides no brokerage services for the Ticketrunner. No claim exists on the part of the Ticketrunner to the receipt of rewards via the Ticketrunner Platform.
(7) The contractual relationships between a Customer and the Organiser as well as the Ticket Provider with respect to the purchase of tickets are initiated, concluded, and fulfilled without participation by the Operator. The Operator at no time becomes a contractual partner of the Customer.
(8) The Operator shall endeavour to make the Ticketrunner Platform available without interruption to the extent possible. However, no claim exists on the part of the Ticketrunner to the interruption-free use of the Ticketrunner Platform.
§ 4 Registration
(1) Permanent registration by the Ticketrunner is required for the use of the Ticketrunner Platform. To register, the Ticketrunner must completely and correctly fill out the mandatory fields required by the Operator.
(2) Registration is free of charge.
(3) Only consumers in accordance with §14 BGB may register as a Ticketrunner. A consumer is any natural person who concludes a legal transaction for purposes that can be attributed primarily neither to their commercial activity nor to their independent professional activity.
(4) Anyone who has already registered as Ticketrunner may not register again as a Ticketrunner under a different name or a different address (prohibition of double participation).
(5) After entering the required information and clicking on the “register” button, the data provided by the Ticketrunner will be transferred to the Operator. By clicking on the button, the Ticketrunner provides a binding offer to conclude a contract on the use of the Ticketrunner Platform on the basis of these GTC. The Operator is entitled to decide at its discretion whether to accept this offer. The Operator accepts the offer by activating the Ticketrunner for participation in the Ticketrunner Platform and communicating this to the Ticketrunner by email. Should acceptance not occur within a reasonable time, the Ticketrunner is no longer bound by their offer.
§ 5 Reward
(1) The Ticketrunner shall receive from the Organiser the reward specified by the Organiser for the necessary number of successful brokered sales specified by the Organiser.
(2) The Organiser shall transfer the reward directly to the Ticketrunner.
(3) If an event for which the Ticketrunner has successfully brokered a sale is cancelled, this sale shall still be counted as a successful brokerage of a sale.
(4) The Ticketrunner is personally responsible for issues related to taxes.
§ 6 Duration and termination
(1) The contract on the use of the Ticketrunner Platform is concluded for an indefinite period.
(2) Either party may terminate the contract at any time without observance of a notice period.
(3) Upon effective termination, the contract on the use of the Ticketrunner Platform shall end and the Ticketrunner may no longer use the Platform. Access to the Ticketrunner Platform will be blocked on the termination date.
(4) The Operator is entitled to permanently delete any data collected in the context of the contractual relationship 30 calendar days after the termination becomes effective and after expiry of any possible statutory period.
§ 7 Obligations of Ticketrunners
(1) The Ticketrunner is obligated to maintain confidentiality regarding their access data, particularly their password. The Ticketrunner must ensure that unauthorised third parties do not gain access to these data. The Ticketrunner shall inform the Operator immediately if there is reason to suspect that unauthorised third parties have knowledge of or will have knowledge of the Ticketrunner’s access data. The Ticketrunner is wholly responsible for any use of the Ticketrunner Platform that occurs through the Ticketrunner’s account.
(2) The Ticketrunner shall use the Ticketrunner Platform only in compliance with the applicable statutory regulations, particularly statutory provisions regarding protection of minors, general personal rights, data privacy, copyright and related property rights, as well as trademark and competition law.
(3) The Ticketrunner shall not spread any viruses, trojan horses, or other malicious files, nor shall the Ticketrunner send any junk or spam mail to the Organiser, Ticketrunner, or Customers. The Ticketrunner shall also refrain from undertaking any action that may hinder the operation of the Ticketrunner Platform.
(4) After the Ticketrunner’s access is blocked, the Ticketrunner is obligated to delete all links to the events listed on the Ticketrunner Platform.
(5) The Ticketrunner undertakes during the duration of their registration to refrain from advertising the events already listed on the Ticketrunner Platform in a way that bypasses the Ticketrunner Platform.
§ 8 Blocking access
(1) The Ticketrunners’s access to the Ticketrunner Platform may be blocked temporarily or permanently at the Operator’s discretion completely or with regard to individual Organisers if there is concrete evidence that the Ticketrunner is violating or has violated their obligations from §7 of these GTC, and/or applicable laws, or if there is a legitimate interest on the part of the Operator in blocking access. The Operator shall take account of the Ticketrunner’s legitimate interests in its decision regarding blocking access.
(2) The Operator will block access permanently if there are repeated violations within the meaning of paragraph 1.
(3) In the event that access is blocked, the Ticketrunner shall be notified of this and the reasons for it by email.
(4) In the event that access is only temporarily blocked, the Operator shall inform the Ticketrunner by email regarding re-activation of access after expiry of the blockage period or after final resolution of the reason for blocking access.
(5) Re-activation after permanently blocked access is not possible. The Ticketrunner may, however, register again, and the Operator will decide again whether to accept the offer to conclude a user contract.
§ 9 Limitation of liability
The Operator is liable for damages caused by it or its legal representatives or agents, for whatever legal reasons, in the full amount if intent or gross negligence is demonstrated.
In the event of slight negligence, the Operator is liable only in the case of violation of essential contractual obligations (obligations the fulfilment of which shape the contract and upon which the Ticketrunner may rely). However, the amount of this liability is limited to the foreseeable, immediate, and contractually typical damages at the time of the conclusion of the contract unless greater damages can be demonstrated.
The statutory liability for injury to life, limb, or health pursuant to the Product Liability Act remains unaffected by the limitations of liability.
§ 10 Responsibility of the Operator
The responsibility of the operator is limited to providing the technical conditions for the use of the Ticketrunner Platform and tracking.
The respective Affiliates, Ticketrunner, and the Organiser are responsible for the contents of the personal information about Affiliates and Ticketrunners stored on the Ticketrunner Platform and information stored on the Ticketrunner Platform about the Organisers regarding events. The Operator will not check this information for completeness, accuracy, or legality and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality, or timeliness of the information.
§ 11 Confidentiality
(1) The parties undertake to respect the confidentiality of all data and information made available in connection with this contract unless such data and information are already publicly available or expressly intended for publication. When in doubt, the data and information shall be kept confidential.
(2) The obligation to confidentiality persists after the end of the contract for an indefinite period.
§ 12 Use of names
As long as the Ticketrunner is registered on the Ticketrunner Platform, the Operator is entitled to use the name of the Ticketrunner as a customer reference.
§ 13 Granting of rights to use
(1) The Ticketrunner has the option of uploading a profile image to the Ticketrunner Platform. The Ticketrunner guarantees that they are the owner of all rights to this image. The Ticketrunner grants the Operator the simple right, limited to the period of the Ticketrunner’s registration, to reproduce this image for use by the Ticketrunner Platform in accordance with the contract, to make this image accessible to other Ticketrunner Platform users, and to use this image for the advertisement of the Ticketrunner Platform in online and offline media. The Ticketrunner indemnifies the Operator with regard to all claims of third parties against the Operator arising from violation of the aforementioned parties’ rights through this image on first request including all necessary costs for legal defence.
(2) The Operator shall provide the Ticketrunner if necessary with material, such as the Ticketrunner logo, for the advertisement of the Ticketrunner Platform and the events listed there. The Operator grants the Ticketrunner the simple right, limited to the period of the Ticketrunner’s registration, to use this material for advertisement of the Ticketrunner Platform and the events listed there.
§ 14 Right of modification
The Operator reserves the right to make changes or amendments to the GTC insofar as these are necessary for objective reasons such as, for example, changes to the legal situation or market conditions and the Ticketrunner is not hereby disadvantaged in bad faith. Changes or amendments to the GTC shall be made known to the Ticketrunner by written notice. These changes and amendments are considered approved if the Ticketrunner does not object in writing within one month after receipt of the notice of changes or amendments.
§ 15 Applicable law
German law applies. The law at the place of residence of the consumer applies insofar as mandatory consumer laws are concerned.
§ 16 Language
The contract language is German. Should the GTC be translated in other languages, the German version shall apply in the case of discrepancies between the German version and the translated version.