Ticketing GTCs

General Terms and Conditions of Tourismus + Congress GmbH Frankfurt governing the sale of tickets and touristic services ("Ticketing GTCs")

1.    General

Tourismus+Congress GmbH Frankfurt am Main ("TCF") sells tickets for touristic services through the online shop at http://www.frankfurt-tourismus.de (hereinafter the "Online Shop"). Tickets may also be ordered over the telephone and by E-Mail. TCF only acts as the operator of the respective touristic service if TCF is expressly named as such. Otherwise, the operator is the third party named as such. The touristic services are provided by the respective tour operator, who is also the ticket issuer.
By purchasing the ticket, contractual relations with regard to the customer's participation in the touristic service are established exclusively between the customer (the ticket holder) and the respective tour operator. These legal relationships are governed exclusively by the operator's own general terms and conditions.

Where TCF is not expressly named on the ticket as the operator of the the touristic services, TCF sells the tickets as an agent on behalf of the respective operator.
The following General Terms and Conditions of sale shall apply exclusively to all business dealings between TCF and Online Shop customers, particularly as regards the delivery of tickets. TCF does not accept any deviating terms and conditions of the customer unless TCF expressly acknowledges them in writing.

2.    Contracting party

The customer as ticket purchaser is contracting with
Tourismus+Congress GmbH Frankfurt am Main
Kaiserstraße 56
60329 Frankfurt am Main
Germany

E-Mail: info@infofrankfurt.de
Phone: +49 (0) 69/24 74 55 - 400
registered in the commercial register held at the Local Court (Amtsgericht) of Frankfurt am Main under registration number HRB 40 156.

Managing director (authorised representative):
Thomas Feda
Kaiserstraße 56
60329 Frankfurt am Main
Germany

3.    Formation of contract

a)    The presentation of the touristic services in the Online Shop does not constitute a legally binding offer by TCF to customers. Instead, it provides customers with a non-binding option to order the relevant tickets from TCF.

b)    By clicking on "Confirm chargeable booking", the customer makes a legally binding offer to TCF to enter into a purchase agreement in respect of the tickets in the customer's shopping cart. Similarly, where a customer orders tickets over the telephone or by E-Mail, they make a legally binding offer to enter into a purchase agreement in respect of the relevant tickets. Such a binding offer can only be made if the customer has already accepted these General Terms and Conditions of sale. Customers may review and change their order at any time prior to submitting their order.

c)    Once the order has been submitted through the Online Shop, the customer receives an E-Mail from TCF confirming receipt of the order and setting out the order details (confirmation of receipt). This confirmation of receipt confirms the details of the order and TCF's receipt of the customer's order, but does not constitute an acceptance of the customer's offer.

d)    TCF will accept the customer's offer either by sending an order confirmation or a dispatch confirmation, by sending the actual tickets (paper tickets) or by sending e-tickets (print@home) within three (3) working days (Monday to Friday) as of receipt of customer's order. A purchase agreement is only formed if and to the extent that TCF has accepted the customer's offer by way of an order confirmation, a dispatch confirmation or by sending the tickets. If TCF does not give any such notice of acceptance within the aforementioned period, the customer's order has not been accepted.

4.    Ticket availability

If tickets ordered by the customer are not available at the time of the order, TCF reserves the right to reject the ticket order, and no agreement is formed. If this is the case, the customer will be promptly notified.

5.    Prices/charges/shipping costs

a)    All prices listed in the Online Shop and otherwise provided by TCF include VAT at the statutory rate.

b)    Service charges and shipping costs are charged when tickets are purchased through the Online Shop. The amount may vary depending on the tourism service and the ticket delivery method. These costs and charges on top of the ticket price are displayed to customers in the Online Shop before they submit their order. For orders placed over the telephone or by E-Mail, customers are advised of these service charges and postage costs during the ordering process. The total price of the tickets may therefore exceed the amounts printed on the tickets themselves. Customers will not incur any further costs that were not displayed before.

6.    Payment

Depending on the event and the order method, payment may be made by credit card or by using PayPal.

a)    Credit card payments
TCF will charge the relevant amount to the customer's credit card only upon sending the tickets. TCF has linked its payment system to a 3D secure authentication process. Therefore, when payments are made by credit card, an additional verification process established by the card-issuing bank is carried out. If you have any questions regarding the 3D secure system and the authentication process, please directly contact the bank that issued your card.

b)    Payments via PayPal
TCF accepts payments via PayPal. PayPal payments are processed by PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, authorised representative: Robert Caplehorn, Trade and Companies Register number: R.C.S. Luxembourg B 118349. When tickets are purchased using PayPal, they are sent to the customer without undue delay after PayPal has provided confirmation of the customer's payment. The payment is collected upon sending the tickets.

7.    Delivery

a)    Paper tickets are delivered to the address nominated by the customer. E-tickets (print@home) are sent to the E-Mail address nominated by the customer. For information on the general terms and conditions of delivery and shipping, including delivery times, please see https://www.frankfurt-tourismus.de/en/Media/All-general-terms-and-conditions/delivery-shipping.

b)    Part-deliveries are only permitted if the part-delivery is of utility to the customer within the scope of the contractual purpose, the delivery of the rest of the items ordered is guaranteed, and it is without additional costs for the customer.

8.    Retention of title/set-off

a)    All items delivered to the customer pursuant to a contract entered into through the Online Shop remain the property of TCF until they have been finally and fully paid for. In the case of personalised tickets, the entitlement created by the ticket is transferred only subject to the condition that the invoice amount is paid in full.

b)    The customer may only claim set-off on the basis of counter-claims legally established or counter-claims acknowledged or not contested by TCF. Furthermore, the customer may only exercise a right of retention if and to the extent that its counter-claim is based on the same contractual relationship.

9.    Warranty (information regarding liability for defects)

The statutory provisions on warranties apply.

10.    Liability

TCF's liability is unlimited in cases where the German Product Liability Act (Produkthaftungsgesetz) applies, where it has given an express guarantee or assumed a procurement risk, or if it commits any wilful or grossly negligent breach of duty. Similarly, TCF's liability is unlimited if it commits any wilful or grossly negligent act or omission causing fatal or bodily injury or injury to health. Where property damage or pecuniary loss is caused by TCF's ordinary negligence, TCF shall only be liable if it has breached duties which must necessarily be fulfilled in order for the agreement to be performed at all, and where the customer is especially entitled to rely on the fulfilment of such duties ("material contractual obligations"), however TCF's liability is limited to damage or loss that was reasonably foreseeable at the time of entering into the contract.

11.    Right of revocation/types of contract without an option to revoke

Private end customers (consumers within the meaning of section 13 of the German Civil Code (Bürgerliches Gesetzbuch, "BGB")) generally have a statutory right to revoke contracts entered into through the Online Shop. However, this right of revocation does not apply to the following types of contract:

  • agreements to provide services involving non-residential accommodation, the carriage of goods, vehicle hire, the delivery of food and drink and agreements to provide other services in connection with leisure activities that stipulate a specific date or period for the provision of the services (section 312g (2) sentence 1 no. 9 BGB), as long as travel services within the meaning of section 651a BGB are not involved.
  • agreements relating to the carriage of persons (section 312 (2) no. 5 BGB).

This means that customers have no right of revocation where TCF provides transport services or services involving leisure activities, specifically tickets for tourist events. Therefore, every customer order for tickets is binding immediately after the order is confirmed by TCF, and obliges the customer to accept and pay for the ordered tickets.

Otherwise, regarding consumers, the following applies.

NOTICE REGARDING YOUR RIGHT OF WITHDRAWAL

Right of withdrawal

You have the right to withdraw this agreement within 14 days without specifying reasons.
The period to withdraw is 14 days from the date on which you or a third party nominated by you, but not the carrier, take or took physical possession of the goods.
In order to exercise your right of withdrawal, you must notify us (Tourismus+Congress GmbH Frankfurt am Main, Kaiserstraße 56, 60329 Frankfurt am Main, Germany; E-Mail: info@infofrankfurt.de; facsimile: +49 69 21 23 78 80) of your decision to revoke the agreement by means of an unequivocal statement (e.g. by letter sent by post, by fax or E-Mail). You may use the attached revocation form, which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the period to withdraw has expired.

Consequences of withdrawal

If you withdraw this agreement, we shall refund all payments received from you, including the costs of delivery (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery option offered by us), without undue delay, but in any event not later than 14 days from the date on which we received your notice of revocation. We will carry out such refund using the same method of payment as the method you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees in connection with such refund. We may withhold your refund until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.
You must send back the goods or hand them over to us without undue delay, but in any event not later than 14 days from the date on which you notify us of your revocation of this agreement. The deadline is met if you send back the goods before the 14-day period has expired.

You will have to bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if it is attributable to the goods being handled in a manner that is not necessary to establish the state, characteristics and functioning of the goods.

End of withdrawal notice

Withdrawal form

If you would like to withdraw the agreement, please complete this form and return it to us.

To: Tourismus+Congress GmbH Frankfurt am Main, Kaiserstraße 56, 60329 Frankfurt am Main, Germany

E-Mail: info@infofrankfurt.de
Fax: +49 (0) 69/24 74 55 - 499
I/we (*) hereby give notice of my/our (*) withdrawal of the agreement for the sale of the following goods (*)/the provision of the following service (*)
______________________________________________________________________
______________________________________________________________________
Ordered on (*)/received on (*): ____________________________________________
Name of consumer(s):_____________________________________________
Address of consumer(s):___________________________________________
______________________________________________________________________
Signature of consumer(s) (only for paper notices)
_____________________________________________________________________
Date________________________________________________________________
(*) Delete as applicable.

12.    Data privacy

All personal data collected from the customer will be treated as confidential. The collection, processing and use of personal data will be subject to the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz). Personal data will only be collected if the customer has voluntarily provided such data to TCF during the ordering process. TCF uses data provided without the customer's specific consent solely in order to fulfil and process the order. Once the purchase agreement has been completed and the purchase price has been paid in full, the data is blocked from further use and deleted upon the expiry of the periods prescribed by tax and commercial law, unless the customer has expressly consented to its further use.
For detailed information on data privacy please see https://www.frankfurt-tourismus.de/en/Footer/Privacy-Statement

13.    Saving of the agreement

The text of the agreement will not be saved by TCF and can no longer be retrieved by the customer after the agreement has been entered into. However, after ordering customers do have the option of retrieving the text of the agreement, saving it in a reproducible form and printing it.

14.    Agreement confirmation

TCF will provide the customer with confirmation of the agreement on a durable medium (e.g. in an E-Mail) which reproduces the terms of the agreement. This shall occur within a reasonable time after the agreement is entered into, but not later than upon delivery of the goods.

Information required under section 312d (1) BGB in conjunction with Article 246a of the Introductory Act to the German Civil Code (Einführungsgestz zum Bürgerlichen Gesetzbuch, "EGBGB")

Tourismus+Congress GmbH Frankfurt am Main
Kaiserstraße 56
60329 Frankfurt am Main
Germany

E-Mail: info@infofrankfurt.de
Phone: +49 (0) 69/24 74 55 - 400

registered in the commercial register held at the Local Court (Amtsgericht) of Frankfurt am Main under registration number HRB 40 156.
Managing director (authorised representative):
Thomas Feda
Kaiserstraße 56
60329 Frankfurt am Main
Germany

15.    Governing law

The laws of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.