Ticketjumper

Terms of Service

1. Scope and definitions

  1. These Terms of Service (the "Terms") govern the use of the Ticketjumper platform (the "Platform"), operated by [COMPANY NAME, ADDRESS] (the "Operator", "we" or "us").
  2. The Platform is a technical infrastructure that enables organizers to create and manage events and to sell admission tickets ("Tickets").
  3. "Organizer" means anyone offering events and selling Tickets through the Platform. "Buyer" means anyone purchasing Tickets through the Platform. "Users" means all persons using the Platform.
  4. Any deviating, conflicting or supplementary terms of a User shall not become part of the contract unless we expressly agree to their application in text form.
  5. The special provisions in Part B of these Terms additionally apply to Organizers.

Part A — General provisions and ticket purchases

2. Role of the Platform; contractual relationships

  1. The Operator is not itself the organizer of the events offered through the Platform and does not become a party to the contract concerning attendance of the event.
  2. The contract for the purchase of Tickets and attendance of the event (the "Event Contract") is concluded exclusively between the Buyer and the respective Organizer. The respective Organizer is identified on the event page and during checkout.
  3. The Operator merely provides the technical platform for the sale of Tickets in the name and for the account of the respective Organizer. Declarations made during the ordering process are made by the Operator as messenger or agent of the Organizer.
  4. A free-of-charge usage agreement governing the use of the Platform in accordance with these Terms is concluded between the User and the Operator (the "Platform Agreement").
  5. The respective Organizer is solely responsible for staging, quality, safety and legality of the event, the accuracy of the event description, and compliance with the Organizer's statutory obligations towards consumers (e.g. information duties, price indications, refunds).

3. Registration and user account

  1. Certain features of the Platform require a user account. There is no entitlement to registration.
  2. The information requested during registration must be provided truthfully and completely and must be kept up to date.
  3. Login credentials must be kept secret and protected from access by third parties. Users must inform us without undue delay if there are indications of misuse of their account.
  4. We may temporarily suspend or permanently close user accounts if there are concrete indications that the User violates these Terms or applicable law, or if maintaining the account is unreasonable for us for other important reasons. In making this decision, we will give due consideration to the User's legitimate interests.

4. Ordering process and conclusion of contract

  1. The presentation of events and Tickets on the Platform does not constitute a binding offer by the Operator, but an offer of the respective Organizer or an invitation to place an order.
  2. By completing the ordering process (clicking the order button that creates an obligation to pay or, for free Tickets, the order button), the Buyer submits a binding offer to purchase the selected Tickets from the Organizer.
  3. The contract with the Organizer is concluded when the order is confirmed, at the latest upon delivery of the Tickets or the order confirmation by email.
  4. The Buyer is obliged to provide accurate information when ordering (in particular a valid email address). Tickets and order confirmations are sent to the email address provided.

5. Prices, fees and payment processing

  1. The prices shown during checkout apply, including statutory VAT where applicable. Any additional fees (e.g. booking or service fees) are shown separately during checkout.
  2. Payments are processed by the payment service provider Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). Payments flow directly to the respective Organizer; the Operator does not accept Buyers' funds for its own account and does not itself provide payment services.
  3. Stripe's terms of use may additionally apply to payment processing.
  4. Claims arising from the Event Contract (in particular refunds of the Ticket price) must be directed against the Organizer, not against the Operator.

6. Tickets, admission and transfer

  1. Tickets are provided electronically (e.g. as an email containing a QR code). The Buyer must ensure that Tickets are protected from access by third parties; duplication of the QR code may result in admission being refused if the Ticket has already been redeemed.
  2. The Organizer may make admission subject to additional conditions (e.g. age restrictions, personalized Tickets, proof of identity). The information on the event page is decisive.
  3. Unless the Organizer specifies otherwise, private transfer of Tickets is permitted. Commercial resale of Tickets is prohibited without the Organizer's consent.

7. Right of withdrawal

  1. When purchasing Tickets for leisure events, no right of withdrawal exists where the contract provides for a specific date or period for the provision of the service (Section 312g (2) no. 9 of the German Civil Code, BGB). This applies in particular to admission tickets for concerts, festivals, parties and comparable events with a fixed date. Every Ticket order is therefore binding immediately upon conclusion of the contract.
  2. Where a right of withdrawal exceptionally exists in an individual case (e.g. for services not tied to a specific date), the withdrawal instructions of the respective Organizer apply; the addressee of any withdrawal is the Organizer as the contractual partner.
  3. Voluntary refund or exchange policies of the Organizer remain unaffected; the Organizer's information is decisive.

8. Cancellation, rescheduling and refunds

  1. If an event is cancelled, rescheduled or materially changed, all claims of the Buyer (in particular refunds of the Ticket price) shall be directed exclusively against the Organizer as the contractual partner under the Event Contract.
  2. The Operator will support refunds processed technically through the Platform on behalf of the Organizer, but does not itself owe any repayment out of its own funds.
  3. Refund requests must be addressed to the Organizer named on the event page or in the order confirmation.

Part B — Special terms for Organizers

9. Contractual relationship and services

  1. Upon registration of an organizer account or creation of an organization, a contract is concluded between the Organizer and the Operator concerning the use of the Platform for event management and Ticket sales.
  2. The Platform's offering for Organizers is directed exclusively at entrepreneurs within the meaning of Section 14 BGB. By registering, the Organizer confirms that they are acting in the exercise of their commercial or independent professional activity.
  3. The scope of features and any charges (e.g. percentage and/or fixed service fees per Ticket sold) result from the applicable price list or the individual agreement with the Operator. Agreed fees may be withheld or set off upon payout through the payment service provider.

10. Obligations of the Organizer

  1. The Organizer offers Tickets in their own name and for their own account and is solely responsible for:
  • the legality, organization and staging of their events, including all required permits, registrations, insurance and levies (e.g. artists' social security contributions, music licensing fees),
  • the accuracy and completeness of the event information, in particular price indications including VAT,
  • compliance with all statutory obligations towards Buyers, in particular consumer-protection information duties and the handling of refunds in the event of cancellation or rescheduling,
  • the proper tax treatment of their revenues.
  1. The Organizer ensures that content they upload (texts, images, logos) does not infringe third-party rights and grants the Operator the non-exclusive rights of use to this content required for operating the Platform.
  2. Prohibited are, in particular, events and content that violate applicable law, glorify violence, are discriminatory, or serve to circumvent these Terms. We reserve the right to deactivate events where there are concrete indications of violations.
  3. Ticket proceeds are paid out via the Stripe account set up by the Organizer (Stripe Connect). This requires successful completion of Stripe's onboarding, including the identification and anti-money-laundering checks provided for there. The Organizer's agreements with Stripe apply in addition.

11. Indemnification

The Organizer shall indemnify the Operator against all claims of third parties (including Buyers and authorities) asserted against the Operator due to a breach of the Organizer's obligations, in particular in connection with the staging, cancellation or rescheduling of events, incorrect event information, or the infringement of third-party rights by uploaded content. This includes the reasonable costs of legal defence. The indemnification does not apply to the extent the Organizer is not responsible for the breach of duty.

12. Data processing on behalf of the Organizer

To the extent the Operator processes personal data of Buyers and attendees on behalf of the Organizer, the parties enter into a data processing agreement pursuant to Art. 28 GDPR. Details are set out in the privacy policy or a separate agreement.

Part C — Common provisions

13. Availability of the Platform

  1. We endeavour to keep the Platform available without interruption, but do not owe any specific availability. Maintenance, further development, disruptions at third-party providers (e.g. hosting, payment service providers) or events of force majeure may lead to temporary restrictions.
  2. We are entitled to further develop, modify or discontinue features of the Platform to the extent this is reasonable for Users, taking their legitimate interests into account.

14. Liability

  1. We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the provisions of the German Product Liability Act, and within the scope of any guarantee we have assumed.
  2. In cases of slight negligence, we are liable only for damage resulting from the breach of material contractual obligations (obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely). In such cases, liability is limited to the foreseeable damage typical for this type of contract.
  3. In all other respects, liability is excluded.
  4. The Operator is not liable for services, declarations or breaches of duty of the Organizers; in this respect, the provisions of Sections 2 and 8 of these Terms apply.
  5. The above limitations of liability also apply in favour of our legal representatives and vicarious agents.

15. Changes to these Terms

  1. We may amend these Terms with effect for the future where this is necessary for valid reasons (e.g. changes in the law or case law, expansion of the range of features) and the amendment is reasonable taking into account the interests of both parties.
  2. We will notify registered Users of amendments in text form (e.g. by email) at least six weeks before the planned effective date. If the User does not object within the notified period, the amended Terms are deemed accepted; we will point this out separately in the notification. In the event of an objection, both parties are entitled to terminate the Platform Agreement.
  3. The version applicable at the time of the order applies to Ticket purchases already completed.

16. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act, VSBG).

17. Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law only applies to the extent that it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.
  2. If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the registered office of the Operator.
  3. The contractual language is German. Where the Operator provides translations of these Terms, the German version prevails in case of doubt.
  4. Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the statutory provisions.