GENERAL TERMS AND CONDITIONS OLYMPIASTADION BERLIN GMBH

Terms and conditions for VIP and Hospitality services during events

Art. 1 Olympiastadion Berlin GmbH offers VIP and hospitality services for major events at the Olympiastadion Berlin. VIP and hospitality services can only be ordered together with the admission tickets (together referred to as “VIP tickets”). The purchase of an admission ticket constitutes a contractual relationship with regard to the event, exclusively between the ticket holder (“customer”) and the organiser. Olympiastadion Berlin GmbH will only mediate the event contract in the name and on behalf of the organiser. The customer’s contractual partner for VIP and hospitality services is Olympiastadion Berlin GmbH. Individual agreements remain unaffected by the following provisions; however, oral commitments by representatives or other auxiliary persons require written confirmation by Olympiastadion Berlin GmbH.

Art. 2 VIP tickets are ordered exclusively via the web shop of Olympiastadion Berlin GmbH. By completing the order process in the web shop, the customer submits an offer to conclude a contract. With the online confirmation of the order, the contract between the customer and the respective contract partner (Olympiastadion Berlin GmbH or the organiser) is concluded.

Art. 3 (1) Olympiastadion Berlin GmbH will issue an invoice to the customer for the VIP ticket order. The invoice is due for payment after 14 days.

(2) If the order is placed less than 14 days before the day of the event, the VIP tickets will no longer be sent to the customer. In this case, the VIP tickets will be deposited [at the depository of Olympiastadion Berlin GmbH, Olympischer Platz 3, 14053 Berlin] and can be picked up there during business hours after receipt of the payment.

(3) For the dispatch of VIP tickets within Germany, additional fees of currently € 24.00 incl. statutory VAT will be charged. The costs for shipping to other countries are calculated according to the respective country of delivery according to the current shipping cost table and can be viewed on the website of Olympiastadion Berlin GmbH (www.shop-olympiastadion.berlin/versandarten).

(4) When placing an order, the invoice address must be stated if it differs from the offer address. If the billing address is changed after the invoice has been issued, a fee of currently € 17.85 incl. statutory VAT will be charged.

(5) The costs of payment transactions shall be borne by the customer. For payments from abroad, any transaction costs incurred shall be borne by the customer. The same applies to transaction costs incurred in the event of cancellations.

Art. 4 The prices stated are inclusive of statutory value-added tax, unless otherwise stated, and include the prices of the organiser’s admission tickets.

Art. 5 Olympiastadion Berlin GmbH provides services in the area of leisure events with its VIP and hospitality services and admission tickets.  This means that according to Art. 312g para. 2 no. 9 BGB (German Civil Code) there is no two-week right of revocation and return.  Every order of VIP tickets is thus directly binding and obligates – after confirmation by Olympiastadion Berlin GmbH on behalf of the organiser – to accept and pay for the VIP tickets ordered

Art. 6 In addition to the Terms and Conditions of Olympiastadion Berlin GmbH, the legal relationship between the customer and the organiser is governed by the organiser’s own Terms and Conditions and those of the ticketing company commissioned by the customer, if applicable. In addition, the house rules for the Olympiastadion Berlin apply in the latest version (www.olympiastadion.berlin).

Art. 7 In case of cancellation of the event, the price paid for the VIP ticket will be refunded. In the event of a postponement or significant change to the event, a refund of the price of the VIP ticket is possible, provided that the Terms and Conditions of the respective organiser provide for a refund of the ticket price. A significant change is deemed to have occurred if a change occurs that makes the event a substantially different event than the purchaser of an admission ticket could reasonably expect. In the event of rescheduling or a significant change to the event, a refund of the VIP ticket price can only be made if the refund request (together with the VIP ticket) is received by Olympiastadion Berlin GmbH no later than within a period to be determined by the organiser at his or her dutiful discretion (for the refund of the ticket) prior to the start of the replacement date for the event or the significantly changed event. Further claims of the customer against Olympiastadion Berlin GmbH for the above-mentioned cases are expressly excluded. No refunds are possible in case of loss of the VIP tickets.

Art. 8 (1) If the customer withdraws from the contract, in particular in accordance with Art. 7 sentence 2, Olympiastadion Berlin GmbH can demand compensation in the amount of € 17.85 from the customer for expenses that are related to the conclusion of the contract or its implementation. The compensation for expenses shall be offset against any (advance) payment made by the customer.

(2) Olympiastadion Berlin GmbH reserves the right to assert further claims if it has incurred higher expenses than those listed in paragraph 2. The customer shall be free to prove that the expenses referred to in paragraph 2 has not been incurred or has not been incurred to this extent. Paragraphs 2 and 3 shall not apply to the case of cancellation of the event as provided for in Art. 7 sentence 1 above.

Art. 9 VIP tickets will be dispatched after the respective payment of the total amount has been received by Olympiastadion Berlin GmbH, at the earliest, however, approximately 4 weeks before the day of the event.

Art. 10 The resale of VIP tickets or other services or performances underlying the contractual relationship to third parties is expressly prohibited. In the event of a violation of sentence 1, the VIP ticket may be blocked, and the purchaser or recipient may be refused admission to the event without compensation.

Art. 11 (1) The liability of Olympiastadion Berlin GmbH for contractual breaches of duty as well as for tort is limited to intent and gross negligence. This does not apply in the event of injury to life, body and health of the customer, claims due to the violation of cardinal duties and compensation for damages caused by delay (Art. 286 BGB). Liability in the event of breach of cardinal duties is limited to regularly foreseeable damage.

(2) The personal liability of the legal representatives, agents and employees of Olympiastadion Berlin GmbH for damages caused by them through slight negligence is excluded. This does not apply in the event of injury to life, body and health of the customer.

Art. 12 (1) German law shall apply.

(2) If the customer has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from and in connection with this contract shall be Berlin.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from and in connection with this contract shall be Berlin. Olympiastadion Berlin GmbH is also entitled to sue the customer at his general place of jurisdiction.

Art. 13 This offer is subject to confirmation.

Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and Art. 36 VSBG (German Consumer’s Alternative Dispute Resolution Act):

The European Commission provides an online dispute resolution (ODR) platform, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.