General Terms and Conditions

General Ticket Terms and Conditions („GTTC“) Oberhofer Sport und Event GmbH 2022/2023

1. Area of application

1.1 Legal relationship: These GTTC shall apply to the legal relationship established by the purchase of day and/or multi-day and/or other admission tickets (hereinafter jointly called “ticket” or “tickets”) of Oberhofer Sport und Event GmbH, Am Grenzadler 7, 98559 Oberhof (“organizer”) or DSV Verwaltungs GmbH, Haus des Ski, Hubertusstraße 1, 82152 Planegg (“reseller”)). This legal relationship includes in particular the processing of the ticket purchase as well as access to the event of the IBU World Championships Biathlon Oberhof. The venue of the event is the “Arena am Rennsteig”, Am Grenzadler 2, 98559 Oberhof.

2. Ticket ordering and subject of performance

2.1 Purchase channels: Generally, tickets for the events must be directly purchased from the reseller or organizer and its authorized points of sale. Whether a point of sale is authorized by the organizer, can be obtained from the organizer itself or from the reseller under the contact address under section 10 (“Contact Address”) – secondary market platforms such as viagogo, Global Ticket, StubHub, etc. or other internet platforms (e.g. eBay, eBay Kleinanzeigen, Facebook) are not authorized points of sale.

2.2 Ticket Ordering: In case of online ordering under tickets.skideutschland.de/shop/103, the customer submits a binding offer for conclusion of contract with the reseller. The reseller shall confirm the receipt of the customer’s contract offer. This conformation shall not yet constitute acceptance of the offer but shall be subject to the availability of the ticket ordered and the allowance of special circumstances (e.g. hygiene and safety aspects). Only with the shipping (incl. electronic ticket) or deposit of the ticket, the contract between the reseller and the customer on the basis of these GTTC shall be concluded. In case of an order on site or by telephone, the contract shall be concluded when the tickets are handed over. This clause applies accordingly to orders of tickets on the official secondary market platform of the organizer accordingly (available at https://tickets.skideutschland.de/shop/103).

2.3 Seat assignment: Each ticket holder must take the seat on the event site that is indicated on his ticket or for which his ticket is valid. The customer acknowledges that the reseller or the organizer is entitled, for good cause, e.g. due to safety reasons or protective measures in the fight against infectious diseases, such as the observance of distance areas, to assign the customer seats of the same or a higher category that deviate from the seats ordered. In case of the consent of the ticket holder he can be assigned to a lower category.

2.4 Right of attendance: Reseller and/or organizer do not wish to grant access to events to every ticket holder, but only those ticket holders who have purchased tickets as customers from the reseller, the organizer, or an authorized point of sale or within the scope of an admissible transfer in accordance with Article 7.2. Reseller and organizer will therefor grant the right of attendance (“right of attendance”) exclusively to those customers, who are identified by individualization criteria printed on the ticket (e.g. first and last name, QR Code and/or booking number, etc.) and/or to secondary purchasers, who have purchased tickets admissibly in accordance with Article 7.2. The ticket holder is therefore prohibited from manipulating, defacing and/or damaging the individualization criteria printed on the tickets (e.g. name imprint, seat data, barcode, QR code, serial and/or shopping basket numbers) or other ticket-related features (e.g. ticket category and price, discount). In case of a ticket purchase in the context of an unauthorized transfer pursuant to Article 7.1., there shall be no right of attendance. In this case the reseller and/or the organizer reserve the right to deny access. Recourse claims against the reseller, or the organizer are excluded in this case. To prove his identity, the customershall provide a valid identification card and present it at request. The organizer shall fulfill his obligations with regard to the customer’s or ticket holder’s right of attendance by granting onetime access to the event. Reseller and/or organizer shall be released from their obligation regarding the customer if the ticket holder has not acquired an effective right of attendance in accordance with this clause. The customer has no right to claim that a specific event will be held on that day, even if a specific competition is indicated on the ticket.

2.5 Special access conditions: For good cause, e.g. due to safety and hygiene measures prescribed by the association, the authorities or the law in accordance with Article 6.5 or within the framework of a (partial) exclusion of spectators, the organizer is entitled (and possibly obliged) to define special access conditions and to obtain such proof from the ticket holder as a condition of attendance at the latest immediately prior to access to the event. If the ticket holder is unable to fulfill the relevant requirements, the organizer may refuse access to the event. In this case, the customer and the reseller may revoke the contract concerning the ticket purchase for the event in question. The customer shall receive a refund of the paid ticket price, less any fees incurred, upon presentation or transmission of the ticket on his own account, in case of multi-day tickets, the customer shall receive a refund on a pro rata basis. Clause 6.5 regarding vouchers shall apply accordingly.

The customer acknowledges that the reseller and/or organizer may, for good cause, e.g. due to safety and/or hygiene measures prescribed by the association or the authorities or for the purpose of avoiding large crowds, be entitled to set up time windows for certain ticket holders. In this case the respective ticket holder is obliged to comply with the corresponding requirements. In case of intentional or negligent non-compliance, the ticket holder may be denied access to the event site outside the specified time window without compensation. Furthermore, the customer acknowledges that, for good cause, e.g. due to safety and/or hygiene measures prescribed by the association or the authorities in connection with access to and stay on the event site, additional rules, regulations and requirements may apply. This will then be made available to the customer in due time and must be observed by the customer from the time they are announced. Among other things, it may be necessary for the customer, e.g. for the purpose of tracing chains of infection as part of prescribed medical safety measures, to provide further data on his person and/or his companions (cf. on permissible disclosure Article 7.2) to resellers or to the organizer in accordance with the applicable data protection regulations. If the customer does not agree with these further provisions, he/she may revoke the contract concerning the ticket purchase for the event in question. The customer shall receive a refund of the paid ticket price, less any fees incurred, upon presentation or transmission of the ticket on his own account, in case of multi-day tickets, the customer shall receive a refund on a pro rata basis. Clause 6.5 regarding vouchers shall apply accordingly.

3. Prices, discounts, multi-day ticket

3.1 Prices: The ticket price is based on the price list of the organizer valid at the time of the order available at “price list”. Orders for tickets will only be accepted against prepayment and with the accepted payment methods (e.g. SEPA direct debit, bank transfer, EC card, credit card, cash payment). In addition to the ticket price, the reseller may charge the customer with shipping costs in case of ticket shipping and/or service fees for services that are in the interest of the customer (e.g. advance booking fee). Should the payment not be successfully carried out for reasons for which the customer is responsible (e.g. no sufficient credit card or bank account coverage, chargeback) the reseller shall be entitled to cancel the order without replacement or to electronically block the corresponding tickets; the corresponding tickets shall lose their validity. Any additional costs incurred shall be reimbursed by the customer. The reseller reserves the right to assert further claims for damages.

3.2 Discount entitlement: The entitlement to discount for the purchase of tickets shall be determined as part of the ordering process. Double discounts will not be granted. For the respective discount entitlement, the day on which the event takes place, for which a ticket is purchased shall be decisive. The respective current official proof of discount must be presented when purchasing the tickets and must be shown on request of the security personnel upon entry to the event. If it is not presented or if it is not valid, access may be refused; the refused customer has no claim of compensation.

3.3 Further access rights: With the purchase of a grandstand ticket, the customer also gets the right to use the track spectator areas, but the track spectator ticket does not, conversely, entitle the holder to the use of grandstand areas. VIP ticket holders also have access with their VIP admission ticket to the track spectator areas as well as to the respective VIP spectator grandstand (standing area).

3.4 Children: Children under 10 years have free entry to the event site. If seats are available at an event (grandstand and VIP area), children may only use them with a respective seat/VIP ticket. Children under the age of 14 may only enter the event area if accompanied by an adult.

3.5. Family ticket: With the family ticket (condition: 2 full paying adults with parental authority) the children/youths (between 10 and 18 years) have free entry to the event site. The family ticket is valid in the stadium (arena and mobile grandstand) on weekdays Thursday and Friday only.

3.6 Wheelchair users: For safety reasons, there are only a limited number of wheelchair places available per event in the “Arena am Rennsteig”.

3.7 Multi-day ticket: A multi-day ticket entitles the customer in principle to visit those events on the event site for which he has purchased a right of attendance. Details are shown in the service description when ordering the multi-day ticket. The amount of the ticket price, the discount entitlement and the corresponding deadline offers for multi-day tickets are governed by the price list. The ticket automatically loses its validity upon expiry of the last event covered by the right of attendance granted by means of the multi-day ticket, i.e. the customer loses his right of attendance. An early termination of the multi-day ticket by the customer, the allocation of a new seat on the event site upon request of the customer and/or the transfer of the multi-day ticket to another person is excluded. The right of each party to terminate the contractual relationship established by the purchase of a multi-day ticket for good cause pursuant to Article 314 (1) of the German Civil Code shall remain unaffected. Good cause for the reseller shall be deemed to exist in particular if the reseller is entitled in accordance with Clauses 7.4 and/or 8.2 to impose one of the legal consequences described therein.

3.8 Fan articles: The purchase of fan articlesis possible to a limited extent during the advance ticket sales in the online store.

The purchaser may exercise the 14-day right of withdrawal pursuant to Article 312c (1), 312g (1) of the German Civil Code. The right of exchange is excluded due to the limited assortment (one size, one color) and limited availability. In case of withdrawal the price will be refunded to the customer.

4. Complaint, defect, loss

4.1 Complaints: Complaints about tickets and/or ticket orders that are obviously defective must be made without delay, i.e. without culpable hesitation, as a rule within five (5) business days after receipt of the reseller’s shipping confirmation or after receipt of the tickets, at the latest, however, seven (7) business days prior to the start of the respective event, at least in text form (e-mail is sufficient) to the contact address. For tickets and/or ticket orders placed within the last seven (7) business days prior to the respective event, and/or on the case of deposited tickets, the complaint must be made immediately, otherwise the previous regulations applies accordingly. Defects in the sense of this are, in particular, inadmissible deviations from the customer’s order regarding number, price, date, event, faulty or incorrectly delivered tickets, missing essential information such as seat number/category in the case of paper tickets and/or visible damage or destruction of the ticket. Decisive for the observance of the time limit for complaints is the receipt postmark or the transmission protocol of the e-mail. In case of justified and timely complaint, the reseller shall issue the customer a new ticket free of charge in return for the ticket complained. The provisions on complaints shall expressly not apply for Article 4.3 to tickets lost or to tickets not ordered and not in cases, in which the cause of complaint is demonstrably the fault of the reseller or the organizer.

4.2 Defect: In case of a technical defect of a ticket or difficulties with the electronic access control, a new ticket will be issued upon proof of the customer’s legitimation and blocking of the old ticket. This expressly does not apply to technical defects that can be clearly attributed to the customer (e.g. defect of the cell phone, unreadable printout, etc.). For the reissue, processing fees may be charged according to the price list, unless the reseller or the organizer are demonstrably responsible for the defect.

4.3 Loss: The reseller shall be notified immediately of any involuntary loss, of tickets purchased from the reseller without delay. The reseller shall be entitled to block these tickets immediately after notification of the loss. In case of the loss of one of the electronic access control subject tickets the ticket shall be reissued after the customer reported the loss, the blocking of the ticket and the legitimation check of the customer. A processing fee may be charged for the reissue in accordance with the price list. For security reasons, other lost tickets cannot be reissued.

5. Withdrawal, return, refund

5.1 No right of withdrawal or return:Even if the reseller or the organizer offers tickets by means of distant communication within the meaning of Article 312c (2) of the German Civil Code and thus a distance contract according to Article 312c (1) of the German Civil Code may exist, the customer, according to Article 312g (2) Nr. 9 of the German Civil Code (BGB) does not have a two-week right of withdrawal and return when purchasing a ticket. Each offer or order of tickets is therefore binding after confirmation by the reseller, organizer or authorized points of sale and obligates the customer to accept and pay for the ticket ordered. This also applies for tickets directly purchased or ordered at the tourist info Oberhof, Crawinkler Straße 1, 98559 Oberhof.

5.2 Exchange and return: Exchange and return of tickets are generally excluded. If a customer is unable to use his ticket for personal reasons (e.g. illness), a transfer of the ticket to a third party is permissible as an exception according to Article 7.2

6. Postponement, cancellation, abandonment, exclusion of spectators

6.1 Outdoor events: The customer acknowledges that the events are outdoor events, so that the implementation, course and times of the individual competitions can be influenced by the weather conditions. In addition, the organizer is bound by the specifications and rules of the national and international sports federations regarding the implementation of the events and the individual competitions. The days and times stated at the time of conclusion of the contract for the individual competitions held during an event are therefore non-binding.

6.2 Postponement: The organizer reserves the right to reschedule the events as well as to make program changes, in particular the exchange of individual competitions within the competition days. In such case the customer shall neither have a right to a (pro rata) refund of the price paid or a (partial) right of revocation against the reseller. If the starting time for a competition is postponed to another time of the respective competition day, the respective ticket entitles the customer to participate in this competition as a spectator. If an event is postponed in the long term, the respective tickets shall remain valid. The customer is entitled to (partial) revocation of the contract. The revocation must be declared at least in text form (e-mail is sufficient). Upon presentation of the ticket or return of the ticket at the customer's own expense, the affected customer will receive at the reseller’s discretion either a refund of the (pro rata) paid ticket price, or a voucher to the value of the corresponding price for redemption in the context of a future ticket purchase. Service and shipping fees will not be refunded.

6.3 Cancellation: In case of a cancellation up to forty-eight hours (48 h) before the official start of the event, the ticket price paid – in case of multi-day tickets on a pro-rata basis – will be refunded upon presentation of the original ticket, less any fees incurred. Article 6.5 regarding vouchers shall apply accordingly. In case of cancellation or discontinuation of the event from forty-eight hours (48 h) before the official start of the event as a result of force majeure, in particular adverse weather conditions (e.g. temperatures of less than minus fifteen degrees Celsius (-15 °C), fog, heavy snowfall, gusts of wind, hail, earthquakes, avalanches, strong thunderstorms), as well as in the case of impaired visibility, there is no entitlement to a full or pro-rata refund of the ticket price paid.

6.4 Discontinuation: In case of an event being discontinued, the customer shall not be entitled to a refund of the ticket price paid, unless the reseller or organizer is responsible for the discontinuation or unless the conflicting interests of the customer and those of the reseller or the organizer argue in favor of a (pro rata) refund in individual cases.

6.5 Exclusion of spectators: In case of an event, in which, in accordance with a competent authority in full (or in part, if the customer’s ticket is affected by the partial exclusion) must take place with the exclusion of spectators, both the reseller and the affected customershall be entitled to revoke the contract for the ticket purchase for the affected event. The revocation (in the case of multiday tickets the partial revocation) by the affected customer must be declared at least in text form (e-mail sufficient). Upon presentation of the ticket or return of the ticket at the customer's own expense, the affected customers will receive a refund of the price paid, less any fees incurred or a voucher to the value of the corresponding price for redemption in the context of a future ticket purchase. The determination of which customers or which tickets are affected by a partial exclusion of spectators is the sole responsibility of the reseller. The reseller is obliged to take the corresponding decision in accordance with objective, transparent principles and adopt non-discriminatory principles and to inform the customer concerned without delay.

6.6 Information duty: The customer or ticket holder is obliged to inform himself in advance of the respective event/the respective competition day, for which the ticket conveys a right of attendance, in good time via the current event schedule and the exact start of the competition. The current information can be found under www.biathlon.oberhof.de 

7. Transfer of tickets

In order to prevent the unauthorized transfer of tickets, in particular to avoid ticket speculation, and to maintain the broadest possible supply of tickets to fans at socially acceptable prices, it is in the interests of the reseller, the organizer and the spectators to restrict the transfer of tickets.

7.1 Use and inadmissible transfer: The customer undertakes to purchase and use the ticket(s) exclusively for private purposes. Any commercial or business use or resale of purchased tickets without the prior written consent of the reseller is prohibited. In particular, the purchaser is prohibited from,

a) from publically offering tickets for sale and/or particularly selling at auctions or on the internet, (e.g. on eBay, eBay-Kleinanzeigen, Facebook) and/or on sales platforms not authorized by Bayer 04 (e.g. viagogo, seatwave, StubHub, etc.);

b) from transferring tickets at a price higher than the price paid; a mark-up of up to 10% for the compensation of transaction costs incurred shall be admissible;

c) from transferring tickets regularly and/or in a greater quantity either on a game day or spread out over several game days;

d) from selling or transferring tickets to commercial or industrial resellers and/or ticket merchants;

e) from commercially or industrially using tickets or allowing their use without the prior express written consent of Bayer 04, particularly for the purpose of advertising or marketing, as bonus, promotional gift, prize, or part of an unauthorized hospitality or travel package;

f) in the event of a collection of the contact data of each customer and/or ticket holder prescribed (e.g. by the competent authority) and permitted under data protection law (e.g. for the purpose of tracing chains of infection) to sell or pass on tickets at all without informing the reseller in good time about the transfer of the ticket by naming the required contact data of the new ticket holder; in this case, the transfer of the data of the new ticket holder is done to protect the legitimate interests of the reseller or the organizer pursuant to Art. 6 (1) S. 1 (f) GDPR.

7.2 Admissible transfer: A private transfer of a ticket for non-commercial and non-business and non-professional reasons, particularly in individual cases due to illness or other reasons for absence of the customer, shall be admissible if no case of inadmissible transfer pursuant to the provision in Article 7.1 applies, and

a) if the ticket is transferred via the official secondary market platform of the organizer (tickets.weltcup-oberhof.de) and in the manner specified on the secondary market platform; or

b) if (1) the customer expressly indicates to the new ticket holder the validity and the content of these GTTC as well as the required forwarding of information (e.g. first name and surname on request) about the new ticket holder to the reseller in accordance with this Article, (2) the new ticket holder by purchasing and using the ticket, agrees to the validity of these GTTC between him and the reseller as well as to the processing of his data by the reseller, and (3) the customer informs the reseller in good time of the transfer of the ticket upon request, naming the new ticket holder, and/or the reseller has impliedly declared the transfer to the new ticket holder to be permissible.

7.3 Data of the new ticket holder: The processing of the data of the new ticket holder takes place on one hand for the fulfilment of the contracts between him and the reseller and between him and the customer in accordance with Art. 6 (1) S. 1 (b) GDPR. On the other hand, this data processing is carried out to safeguard the legitimate interests of the reseller respectively the organizer in accordance with Art. 6 (1) S. 1 (f) GDPR. The legitimate interests of the reseller and the organizer are set out in Article 7.

7.4 Measures in case of inadmissible transfer: In case of one or several violations of the provision in Article 7.1 and/or other inadmissible transfer of tickets, the reseller has the right

a) to not deliver and/or cancel tickets to/of the customer concerned;

b) to block the tickets concerned and to deny the ticket holder access to event site without compensation or to expel said ticket holder from the event site;

c) to exclude customers concerned from ticket purchase for an appropriate period of time but no more than a maximum of five (5) years; decisive for the duration of the ban shall be the number of violations, the number of tickets offered, sold, transferred, or used as well as possible proceeds from the resale.

8. Behaviour at the event site

8.1 Rules of the stadium: Access to the respective event site is subject to the stadium or house rules displayed there. Upon entry to the event site, each ticket holder acknowledges the stadium or house rules and accepts them as binding; they apply irrespective of the effectiveness of these GTTC. The organizer or third parties commissioned by the organizer shall be entitled to exercise domiciliary rights at any time. The instructions of the organizer, the police and the security personnel must always be followed before, during, and immediately after an event.

8.2 Right of access: In general, any customer or ticket holder with a valid right of attendance acquired in accordance with Article 2.4 or 2.5 has the right to access the event site. Access to the event site can still be denied if

a) the customer or ticket holder refuses to submit to an appropriate inspection of his person and/or the objects carried by such customer by the security personnel prior to entering the event site; and/or

b) the individualization criteria printed on the ticket (e.g. name, seat code, bar- / QR-code, serial nummer, etc.) is manipulated, unrecognizable and/or damaged or the ticket or barcode/QR code has already tried to enter, unless the reseller and/or organizer is responsible for this, and/or

c) the ticket holder is not identical to the respective customer identifiable by individualization criteria printed on the ticket, unless it constitutes a case of permissible transfer pursuant to Article 7.2, and/or

d) technical failures that can be clearly attributed to the customer (e.g. defect of the mobile phone, unreadable printout, etc.) have the consequence that electronic access control is not possible.

In the event of a justified refusal of access, the customer or ticket holder shall not be entitled to compensation.

8.3 View obstructions: Temporary obstructions of view may occur on the entire event site, in particular due to the waving of flags and/or standing spectators. Complaints or claims for compensation due to these obstructions are excluded.

8.4 Recordings of spectators at the events: For the purpose of public reporting on and promotion of the event and the competition, the organizer and the respective competent association or third parties commissioned or otherwise authorized by them in each case (e.g. the respective local organizing committee, radio, press) may, pursuant to Art. 6 (1) S. 1 (f) GDPR independently make image and sound recordings that may show the ticket holder as a spectator at the respective event. These image and sound recordings may be processed, exploited and publicly reproduced by the organizer as well as the relevant association and the companies affiliated with them pursuant to section 15 of the German Stock Corporation Act (as well as third parties authorized by them (e.g. radio, press) in accordance with Art. 6 (1) S. 1 (f) GDPR.

8.5 Recording by spectators: Ticket holders may record or transmit sound recordings, moving images, still images or descriptions of the events for private use only. It is strictly prohibited to distribute sound recordings, moving images, still images, descriptions, in whole or in part, for any form of public access, regardless of the form of transmission, whether via the Internet, radio, television, mobile telephone, data accessories or any other present and/or future medium (now known or invented and/or developed in the future). Ticket holders may not assist any other person(s) in engaging in these activities.

8.6 Parking situation: Ticket holders park their vehicles at their own risk. The instructions of the security staff must be followed.

8.7 Sustainability and environmental protection: Sustainability and environmental protection are important to the organizer. For these reasons, a deposit-supported returnable cup system will be used to supply spectators and athletes during the competition days of the Oberhof Biathlon World Championships. The return of deposit-supported returnable cups is limited to the opening hours of the hut village and the visitors' tent at the “Grenzadler”. The organizer is not liable for the refund of deposits in case of late return.

8.8 Contractual penalty: In case of a culpable violation of these GTTC by the customer, particularly of one or more regulations in Article 7.1 - in particular Article 7.1 lit. a) and b) – the reseller, in addition to the other possible measures and sanctions according to these GTTC and/or further recourse or legal compensation, in particular pursuant to tort law, shall have the right to impose on the customer an appropriate contractual penalty in the amount of up to 2.500,- EUR. Decisive for the amount of the contractual penalty shall be particularly the number and the intensity of the violations, type and degree of culpability (intent or negligence), attempts and successes of the customer with regard to redress, the question whether and to what extent said person is a repeat offender, and, in case of an unauthorized resale of tickets, the quantity of tickets offered, sold, transferred, or used as well as possible proceeds or profits generated from the resale.

9. Liability

The reseller, its legal representatives and/or vicarious agents shall be liable for damages, irrespective of the legal basis, only in case of intent or gross negligence or — limited to the damage foreseeable and contract-typical at the time of the conclusion of contract — in case of violation of essential contractual obligations. Essential contractual obligations are those obligations which must be fulfilled in order to make the proper execution of the contract initially possible, the violation of which jeopardizes the attainment of the purpose of the contract, and the observance of which the customer ordinarily relies on. The limitation of liability shall not apply to claims for compensation of damages due to injury to life, body, or health or due to other legally compulsory liability offenses.

10. Contact address

Enquiries and all matters relating to tickets of the reseller can be directed to the organizer via the following contact options:

Oberhofer Sport und Event GmbH; Am Grenzadler 7, 98559 Oberhof

phone: +49 (0) 36842 53 33 0; fax: +49 (0) 36842 53 33 30; e-mail: [email protected]; Internet: www.biathlon-oberhof.de

11. Data protection

Unless otherwise specifically stated in these GTTC, the processing of personal data of the customer and/or the ticket holder shall be carried out, on the one hand, for the performance of a contract between the reseller and the customer/ticket holder, or between the customer and the ticket holder pursuant to Art. 6 (1) S. 1 (b) GDPR. On the other hand, the processing of personal data of the customer and/or the ticket holder is carried out in order to maintain the legitimate interests of the reseller or the organizer. The further data protection provisions, including the rights of the ticket holder under the GDPR and the contact details of the organizer’s data protection officer, can be found in the data protection declaration available at https://tickets.biathlon-oberhof.de/shop/105?nextstate=12&alternativelayout=flexshop_3_shoptext&wes=empty_session_105&language=1&shopid=105#tab-privacy

12. Miscellaneous

12.1 Amendments/changes: In the event of a change in market conditions and/or the legal situation and/or court rulings, the reseller shall be entitled, even in the case of existing contractual obligations, to amend and/or change these GTTC with a notice period of four (4) weeks in advance, provided that this is reasonable for the customer. The respective amendments and/or changes shall be notified to the customer in writing or – if the customer has agreed to this form of correspondence – by e-mail. The amendments and/or changes shall be deemed to have been approved if the customer has not objected to them in writing or by e-mail within a period of four (4) weeks after receipt of the amendments and/or changes, provided that the reseller has expressly referred to this fiction of approval in the notice of change. The customer shall address any existing objections to the contact address.

12.2 Severability clause: In case individual provisions of these GTTC are entirely or partly invalid, the validity of the remaining provisions or the remaining parts of such provisions shall not be affected. The parties agree to negotiate in good faith in order to replace an invalid provision with a provision which closely approximates the economic purpose of the invalid provision. The same shall apply to a loophole within these GTTC.

12.3 Final provisions: The mandatory legal provisions of the country in which the customer usually resides shall apply. German law shall apply in all other respects. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The sole place of performance for delivery, service and payment is the organizer’s registered office. The place of jurisdiction for all disputes arising from or in connection with these GTTC and/or their validity or legal transactions based on these GTTC shall be the registered office of the organizer, unless the customer is a consumer.

In the event of difficulties of interpretation or contradictions between the German and the English version of these GTTC, the German version shall prevail.