1. scope of application
2. conclusion of contract
3. right of withdrawal
4 Prices and terms of payment
5. delivery and shipping conditions
6. redemption of tickets
7. redemption of promotional vouchers
8. redemption of gift vouchers
9. liability for defects (warranty)
10 Applicable law
11. place of jurisdiction
12. alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company ALEA Resort GmbH & Co KG (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all Ticket sales presented in the Seller’s online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer under the terms of these GTC is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 These GTC only regulate the sale of tickets for certain events specified in more detail in the seller’s item description and not the performance of these events. Only the statutory provisions in the relationship between the customer and the organizer and any deviating terms and conditions of the organizer shall apply to the performance of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
2.1 The item descriptions contained in the seller’s online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online store. After placing the selected tickets in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the tickets contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller may accept the customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
– by delivering the ordered tickets to the customer, whereby the receipt of the tickets by the customer is decisive in this respect, or
– by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer’s order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller’s online store before sending his order, the order data is archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before submitting a binding order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.
3.3 Pursuant to Section 312g (2) No. 9 BGB, unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services. Accordingly, a right of withdrawal is also excluded for contracts for the sale of tickets for scheduled leisure events.
4.1 Unless otherwise stated in the seller’s item description, the prices quoted are total prices that include statutory VAT.
4.2 The payment option(s) will be communicated to the customer in the seller’s online store.
5.1 Tickets are provided to the customer as follows:
– via download
– by e-mail
5.2 Vouchers are provided to the customer as follows:
– via download
– by e-mail
6.1 The ticket can only be redeemed once and only on the date specified on the ticket at the venue specified on the ticket.
6.2 The ticket is only intended for use by the person named on it. The ticket may not be transferred to third parties. If the seller is also the organizer, he is entitled, but not obliged, to check the material entitlement of the respective ticket holder.
7.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online store and only during the specified period.
7.2 Individual items may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
7.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
7.4 Only one promotional voucher can be redeemed per order.
7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
7.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
7.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
7.9 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
8.1 Vouchers that can be purchased via the seller’s online store (hereinafter referred to as “gift vouchers”) can only be redeemed in the seller’s online store, unless otherwise stated in the voucher.
8.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used for the purchase of tickets and not for the purchase of further gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
8.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
8.8 The gift voucher is only intended for use by the person named on it. The gift voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the material eligibility of the respective gift voucher holder.
If the purchased item is defective, the provisions of statutory liability for defects shall apply.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s place of business.
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.