Terms & Conditions - skors Product & Marketing Solutions / Snapticket GmbH
1. General
These Terms and Conditions form part of the contract between skors Product & Marketing Solutions e.K., Am Ohlenstück 171, 60437 Frankfurt am Main, Germany, (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter “Registrations” or "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by Snapticket. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Registrations or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Registrations, where permitted).
In these GTCs, the term “Ticket(s)” may be used in the sense of a required registration for participation in the “TechCommunity Workshop”. The use of “ticket(s)” replaces the formal meaning of “registration” to participate in this workshop) and serves only to simplify reading. Attendance is only possible after successful registration and payment of the registration price/ticket price.
All communication with the Organizer regarding Registrations and Offers should be addressed to: skors Product & Marketing Solutions e.K., Am Ohlenstück 171, 60437 Frankfurt am Main, Germany. Tel.: +49-69-348772290, FujitsuTechCommunityWorkshop2024@skors.de
The Organizer hereby informs the End Customer that Intero Operations & Services GmbH and its brand Snapticket GmbH (hereinafter "Snapticket") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "Snapticket Services"), which are used by the Organizer to sell Tickets/ Registrations and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Registrations, Tickets, market other offers and process transactions related to Events to End Customers. Snapticket is a technology platform provider to the Organizer under license. Snapticket is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between Snapticket and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the Snapticket Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Registrations or Offers may contain statements such as "powered by Snapticket" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Registrations or Offers via the domains and sub-domains of Snapticket (e.g., Snapticket.de). No purchase, services or other agreement is concluded between the End Customer and Snapticket.
The End Customer acknowledges that the Organizer may make the sale of Registrations and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Registrations for an Event). The Organizer or Snapticket (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Registrations and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the Registration price indicated on a Registration or in the Organizer’s Registration storefront. The calculation of the total purchase price shall be based on the indicated Registration price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or Snapticket (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Registrations or Offers shall deemed completed only when the Organizer or Snapticket (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Registration with the corresponding ticket/registration ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Registration quotas (both the total quota for the Event and the quotas of individual categories of Registrations) have been exceeded due to technical issues, the Organizer or Snapticket (on behalf of the Organizer) shall notify the End Customer. The Organizer or Snapticket (on behalf of the Organizer) may revoke the corresponding Registrations with repayment of the corresponding total purchase price.
3. Form of Registrations
Unless otherwise agreed by the End Customer and the Organizer or Snapticket (on behalf of the Organizer), the End Customer will receive an automated email message from the mail server „vivenu“ (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Registrations purchased for the corresponding Event. The form of the Registrations provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Registration, digital wallet or other options). To participate in an Event, the Registration must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Registration in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Registrations in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets/Registrations ").
The End Customer is required to verify that the purchased Registrations are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Registrations must be reported to the Organizer or Snapticket (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Registrations or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or Snapticket (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or Snapticket (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Registrations or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Registrations to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or Snapticket (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or Snapticket (on behalf of the Organizer) may revoke the validity of a Registration without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Registrations are damaged, lost or stolen, the End Customer must notify the Organizer and Snapticket without delay. If the End Customer loses a Registration, the Organizer or Snapticket shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Registration shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding Registration category. The Registration shall become invalid once the Event has ended.
The End Customer acknowledges that Snapticket has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Registrations, Events and other Offers made by the Organizer, which are offered and processed via Snapticket Services. The Organizer is solely responsible for the communication, publications and information, and Snapticket does not bear responsibility in that regard. Snapticket has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, Snapticket has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of Snapticket act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by Snapticket.
Furthermore, the End Customer acknowledges that Snapticket does not guarantee uninterrupted accessibility and usability of the Snapticket Services. Snapticket does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the Snapticket Services. During maintenance work there may be temporary disruptions of the web site and/or individual Snapticket Services.
5. Transfer of Registrations
Registrations may be transferred. To re-assign/personalize Registrations or any related identification information, please contact the Organizer. A processing fee may apply to this service.
6. Revocation, Cancellation, Refund, Return and Exchange of Registrations
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Registrations for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. In the event of cancellation, a service fee will be charged to cover the processing fees and payment processing costs incurred. Subject to the foregoing, any purchase of Registrations is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the End Customer shall be entitled to return the Registrations and shall be entitled to a refund for the price of the Registration less any processing fees.
Snapticket shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by Snapticket (on behalf of the Organizer).
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Registration purchaser reasonably expected. A processing fee may apply to this service.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation Snapticket and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, Snapticket shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. Snapticket shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that Snapticket’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of Snapticket's legal representatives and vicarious agents as well as any representatives acting for Snapticket with regard to the End Customer. Not in limitation of the foregoing, Snapticket shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Registrations as well as limitations in Snapticket Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and Snapticket shall be Düsseldorf, Germany.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr. The Organizer and Snapticket are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE SNAPTICKET SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE EUROPEAN UNION, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, SNAPTICKET PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN SNAPTICKET AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND SNAPTICKET DO NOT GUARANTEE THAT THE SNAPTICKET SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND SNAPTICKET ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION SNAPTICKET, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.