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General terms and conditions of the Xmas Con concerning the purchase of entrance tickets for the Xmas Con Convention via the Internet.
1.0 Scope of these terms and conditions
1.1 The following terms and conditions apply exclusively to orders for Xmas Con tickets (individual tickets and group bookings) placed Xmas Con via the Internet (xmas-con.de/book-your-tickets).
1.2 The contractual partner for all ticket orders for the Xmas Con Convention listed in these T&Cs is Xmas Con (Authorized representatives "Anime Conventions Maik Schewe").
2.0 Contractual items, ticketing options
2.1 Contractual items for the Xmas Con are individual or group tickets and/or vouchers for the above mentioned services. In addition, ‘Combi-tickets’ as individual or group tickets plus vouchers for the services are also contractual items.
2.2 Ticketing options:
2.2.1 The services named in section 2.1 relating to tickets for the Xmas Con Convention and the Combiticket can be purchased online as individual or group tickets, or as vouchers.
2.2.2 Bookings can possibly be made by filling out and submitting an application form.
2.3 The availability/content of the selected offer, the price plus additional participation and booking conditions are available on the website xmas-con.de/book-your-tickets.
3.0 Conclusion of contract, ticket form
3.1 The contract takes effect with the confirmation of booking by the Xmas Con. Verbal ancillary agreements or alterations /additions to the contract are only binding if confirmed in writing by the Xmas Con.
3.2 Tickets will be issued either as Print documents or for exception the collection at the cash desk in the foyer of the Xmas Con Convention. Print documents must be printed in DIN A4 format. One copy must be printed for each ticket ordered. Tickets can be sent via post in special circumstances.
3.3 Entrance tickets cannot be returned. Lost tickets cannot be replaced.
4.0 Changes to the number of persons, cancellation
4.1 With group tickets, the Xmas Con is permitted to charge for the number of persons booked even if the actual number of persons attending is lower than the booked number. If the number of persons attending on the requested date is over 10% higher than the number of persons booked, the Xmas Con cannot guarantee that all persons attending can participate in the event. This applies to all other offers provided by the Xmas Con Convention.
4.2 The customer may cancel the contract up to 14 days after ordering. If the contract is cancelled within this 14 days and 7 days before the agreed date, the cancellation is free of charge; if cancelled within 7 days or later before the agreed date, the Xmas Con may charge a cancellation fee amounting to 100% of the contract amount. The cancellation must be submitted to the Xmas Con in written form. Contact details are available in section 12.1.
5.0 Prices, payment, SEPA, complaints, discount
5.1 Prices and discounts apply at the point of booking as listed on our website xmas-con.de/book-your-tickets. Discounts will only be provided on presentation of proof of eligibility for the discount.
5.2 Children under 7, severely disabled persons receive a discount of 50% at the cash desk. Double discounts are not given.
5.3 Orders must be paid in advance by bank transfer. The Xmas Con can add additional payment services. If the order cannot be placed due to an invalid debit payment or due to insufficient credit balance, the Xmas Con permitted to cancel the order without refund or to electronically block the tickets. In such cases, any assertion of claims for damages is explicitly excluded. In exceptional cases payments can be made on site. Payments can be made at the cash desk in the foyer at the Xmas Con Convention in cash.
5.4 Where a payment is agreed via an SEPA direct debit and the customer has provided the Xmas Con with the appropriate direct debit mandate, the following applies:
A direct debit payment will be claimed by the Xmas Con, as a rule, together with the issuing of an invoice (or via another method of communication agreed with the customer) up to at least one calendar day before the direct debit is due (pre-notification). If payment is made on receipt of payment request (invoice) on time, there will be no pre-notification. The direct debit is claimed in accordance with the due date on the relevant payment request. If the due date is on a weekend or on a public holiday payment will be taken on the next working day. The customer will receive a pre-notification if purchases are made using a third-party account. The customer is required to inform the account holder of the pending direct debit payment.
5.5 The customer is required to check the tickets on receipt for any possible errors relating to number, price and date. A claim relating to an incorrect ticket must be made immediately (within three working days of receipt of the document by the customer in writing via email or post to the contact addresses named in section 12.1. The date stamp or transmission protocol with the email determines the claim deadline. Once the deadline is past there is no right to return or reissue the ticket.
5.6 Access to the Xmas Con can be refused if the printing on the tickets (field, barcode, QR code, serial number(s), basket or purchaser) has been manipulated and/or damaged or if the barcode/QR code has already been entered on the electronic access system provided that is not caused by the Xmas Con.
6.0 Use and resale of tickets, contractual penalty
6.1 For safety-related reasons and to prevent resale of tickets at inflated prices, the Xmas Con can restrict the resale of tickets.
6.2 The customer undertakes and expressly guarantees to purchase and use the tickets exclusively for private purposes. Purchase for commercial or business (i.e. for profit) resale is not permitted.
6.3 If the Xmas Con finds that the customer has breached one or more of the rules in clause 6.2, the Xmas Con can suspend the respective tickets and refuse the customer/ticket holder admission to the location without compensation or expel the customer from the location, refuse future sales of tickets of any kind to the customer, ban the customer from the premises, and demand payment for each breach of clause 6.2 of a reasonable contractual penalty. The precise level of the contractual penalty will be determined by the Xmas Con in the individual case in its reasonable discretion and in the event of a dispute its reasonableness will be examined by the competent court. The contractual penalty will be credited against any claims for damages by the Xmas Con arising from the breach.
7.0 Warranty, right to protection of one's owm image
7.1 The customer is responsible for providing the Xmas Con with a current, active email address for the purpose of timely customer information. Because of no possibility of a creation of an user account, the customer needs to update the data to the contact addresses named in section 12.1.
7.2 The ticket is valid for access to the Xmas Con Convention on the relevant day at the stated entry time and/or starting time.
7.3 If entry to the Xmas Con Convention is not possible on the day of your visit for other reasons beyond the control of the Xmas Con, the ticket remains valid for 12 months from the booked date (as printed on ticket). This warranty is a concession by the Xmas Con and excludes any right to legal claims. Beyond this, side events and other offers organised by the Xmas Con are not possible for reasons beyond the control of the Xmas Con, claims for delivery of the services are excluded.
7.4 Each ticket holder irrevocably consents to the unpaid utilisation of his/her image and voice for all current and future media for photographs, live transmissions, broadcasts and/or recordings of image and/or sound that are produced by the Xmas Con or its agents in connection with the event.
8.0 Force majeure, industrial action
In the event of force majeure and industrial action (lockouts and strikes) that leads to withdrawal of a service, the Xmas Con are entitled to withdraw from the contract.
9.0 Data protection and credit assessment
9.1 The Xmas Con strictly adhere to applicable data protection laws. The Xmas Con will only use the data within the scope of legal provisions, such as contractual transactions or to inform the customer of products or services that are similar to previously ordered products or services. You may revoke your consent at any time to any use and transfer of your personal data by us for commercial purposes or for the purposes of market or opinion research at email@example.com. Reminders of the customer’s right of revocation will be attached to all promotional materials.
9.2 In justified cases addresses and solvency data will be shared with credit rating agencies in order to perform a credit check. The service providers will only receive access to such personal information required to fulfil the relevant assessment.
10.0 Location regulations and liability
10.1 The regulations of the "Kongresshaus Rosengarten" in Coburg are binding. Instructions given by security personnel and other staff members must be followed. The regulations, location rules and other provisions of the "Kongresshaus Rosengarten" in Coburg are available at: http://www.coburg-kongress.de/images/download/agb/hausordnung-kongresshaus-rosengarten.pdf (only in German, contact us if you need help).
10.2 The Xmas Con shall only be liable for damages to the customer or participants by the customer due to breach of obligation towards objects of legal protection, other than life, limb or health, if caused by gross negligence or wilful intent. The Xmas Con shall also be liable in cases of simple negligence if damages arise due to breach of essential contractual obligations.
10.3 The customer is liable for all contamination, structural damage and damages to fixtures, as well as other damages culpably caused by participants of the tour booked by the customer or by the customer him or herself.
10.4 The use of all event activities is at your own risk. The participant has to inform the Xmas Con about existing pre-existing conditions, whose symptoms can be amplified or triggered by excitement or light effects (e.g., epilepsy or cardiac / circulatory diseases).
11.0 Place of fulfilment, jurisdiction
If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a public law special trust, if it has no general place of jurisdiction in Germany or if the address or normal place of residence is unknown at the date that legal action is initiated, the sole place of jurisdiction for all disputes arising from and in connection with the contractual relationship and the place of fulfilment for payments, deliveries and services shall be the registered office of the Xmas Con in 96523 Steinach, Germany.
12.0 Applicable law, subsidiary agreements
Current legal provisions where the customer normally resides apply. Otherwise, German federal law applies.
12.1 No verbal subsidiary agreements have been made. Changes to these terms and conditions must be submitted in written form. Transmission email does not satisfy the written form requirement.
Ticket orders or additional questions concerning ticket sales can be submitted to the Xmas Con using the following contact information links:
12.2 Should any individual provisions of the above terms and conditions be or become invalid or unenforceable, this will not affect the validity of the contract as a whole nor the remaining provisions.
Version 1.01 dated 06/28/2017