General Terms and Conditions



 for the Purchase of Tickets for and the Admission to Events

of the Olympiapark München GmbH

(„Ticket-GTC“)[1]

 

 

1. Scope of Application

These Ticket-GTC shall apply for the legal relationship established by the order and/or purchase of tickets (“Tickets“) for events of the Olympiapark München GmbH, Spiridon-Louis-Ring 21, 80809 München (“Host“) from the Host or the Ticketmaster GmbH (“Authorised Supplier“), in particular with regard to the admission to events such as European Championships Munich 2022, to the extent that these are at least co-organised by the Host (“Events“), as well as admission to and stay at the Olympic Stadium Munich and/or the other official venues of the Events ("Event Venues"), unless separate General Terms and Conditions ("GTC") apply to the respective Event or Event Venue. 

 

 

2. Order and Subject Matter

2.1 Purchase Channels: In principle, Tickets for Events of the Host shall only be purchased from the Host or the Authorised Supplier. Third party platforms such as viagogo, Global Ticket, StubHub etc. shall expressly not be authorised suppliers or affiliated sales agents of the Authorised Supplier and shall not be entitled to offer valid tickets. In addition to these Ticket-GTC, the GTC of the Authorised Supplier with regard to pre-sales via www.ticketmaster.com as well as www.munich2022.com and its affiliated sales agents ("Authorised Supplier GTC”) may apply in relation to the Authorised Supplier. In the relationship between the customer and the Host, these Ticket-GTC shall apply exclusively and shall take precedence over the Authorised Supplier GTC, to the extent they were duly included in the purchase or at the latest upon admission to the respective Event Venue.

 

2.2 Order: In case of an online-order of a Ticket via www.munich2022.com or www.ticketmaster.com, the customer shall submit a binding offer for the conclusion of a contract with the Host by using the online command designated for this purpose. Receipt of the offer shall be confirmed to the customer. However, such confirmation shall not constitute an acceptance and shall be subject to the availability of the Tickets ordered and the consideration of any specific circumstances (e.g. hygiene, safety aspects). Based on these Ticket-GTC, the contract between the Host and the customer shall only come into effect upon (electronic, if applicable) dispatch or deposit of the tickets. In case of an order on site or by telephone, the contract shall come into effect with the handover or dispatch of the Tickets.

 

2.3 Prices and Payment: The ticket price shall be governed by the price list of the Host tickets valid at the time of the order at www.munich2022.com or www.ticketmaster.com. Orders for Tickets shall only be processed when using the accepted payment methods (e.g. "KLARNA Sofort" instant bank transfer, purchase on account through "KLARNA", PayPal, credit card). In addition to the ticket price, the Host may charge the customer for shipping in case of a Ticket shipment and/or reasonable service fees for services provided in the customer's interest (e.g. advance booking fee).

 

In case of unsuccessful payment attributable to the customer (e.g. insufficient credit card or bank account coverage, chargeback), the Host shall be entitled to cancel the order without compensation and/or to block the respective Tickets; these shall lose their validity. Any additional costs incurred shall be reimbursed by the customer. The Host shall reserve the right to claim further compensation.

 

2.4 Dispatch and Deposit of Tickets: Upon request of the customer, the Tickets shall be shipped at the customer's expense. A handling fee for shipping shall be charged and contractually determined on a case-by-case basis. No shipping costs shall be incurred for the download or electronic dispatch of tickets as print@home/mobile tickets as such shall not be regarded as shipping. In case of short-term orders, in individual cases the customer and the Host may agree on the deposit of the Tickets for collection. For the deposit of the Ticket, the Host may charge a reasonable deposit fee. Customers or a third party authorised in writing by the latter shall only be entitled to collect the Tickets upon submission of an official ID or another official document suitable for identification.

 

2.5 Ticket Complaints: In case of Tickets with apparent defects, the customer shall be obliged to submit a complaint without undue delay, generally within five (5) working days after receipt of the Ticket, and prior to the start of the Event. In case of Tickets purchased or ordered via pre-sale from the Authorised Supplier, the complaint shall be submitted to the Authorised Supplier. The defect shall be specified, and the Ticket shall be returned. Otherwise, any claims for withdrawal or alternative Tickets for the respective Event shall be forfeited after the start of the Event. The provisions applicable to complaints shall expressly not apply to Tickets that have been lost during shipping or to Tickets that have not been ordered, nor to any case of a complaint verifiably attributable to culpability on the part of the Host.

 

3. Revocation, Withdrawal, Defect, Loss

3.1 No Right of Revocation or Withdrawal: The customer shall not be entitled to a two-week right of revocation and withdrawal when purchasing a ticket, regardless of whether the Host or the Authorised Supplier may be offering Tickets by means of distance communication in accordance with Section 312c (2) of the German Civil Code (BGB), and thus a distance contract may exist in accordance with Section 312c (1) of the German Civil Code (BGB). Therefore, orders shall be binding and final, they shall neither be changed nor withdrawn.

 

3.2 Exchange und Return: The exchange and return of Tickets shall generally be excluded. A return of tickets or refund of ticket prices shall only be made in individual cases as a gesture of goodwill and shall be at the free discretion of the Host, with regard to pre-sales of the Authorised Supplier.

 

3.3 Defect print@home/mobile-Ticket: In case of a technical defect of a print@home/mobile ticket, the Host will block the respective Ticket upon notice of the defect and will issue a new Ticket upon proven legitimation of the customer. However, this shall not apply to technical defects clearly attributable to the customer (e.g. mobile phone defect, unreadable printout, etc.).

 

3.4 Loss of Tickets: For security reasons, lost or damaged Tickets shall not be replaced. In individual cases, lost or damaged Tickets may be replaced as a gesture of goodwill and shall be at the sole discretion of the Host respectively in case of pre-sale of the Authorised Supplier.

 

4. Transfer of Tickets

4.1 Inadmissible Transfer: Tickets are sold exclusively for private use. The purchase of Tickets for profit or commercial resale shall be prohibited and shall be at the sole discretion of the Host and/or the Authorised Supplier. In particular, a Ticket holder shall not be entitled to,

  •  sell the Ticket commercially,
  • use the Ticket for any other commercial purpose, including, but not limited to, marketing, advertising, as a prize in a competition or prize draw, or as part of a travel package,
  • offer Tickets for sale and/or sell them publicly, in particular by means of auctions, including online (e.g. on eBay, eBay Kleinanzeigen, Facebook) and/or via sales platforms not authorised by the Host (e.g. viagogo, seatwave, StubHub, etc.),
  • transfer Tickets regularly and/or in larger numbers,
  • sell or transfer Tickets to commercial and professional resellers and/or ticket dealers or ticket platforms,
  • transfer the Ticket above face value plus pro rata transaction expenses (shipping costs, advance booking fee, system fees); a price surcharge of up to 10% to compensate for transaction expenses incurred shall be permissible.

 

4.2 Admissible Transfer: The private transfer of a Ticket for non-commercial reasons, in particular in individual cases in case of illness or other prevention of the customer, shall be permissible to the extent such transfer does not constitute a case of inadmissible transfer as defined in clause 4. 1 and the customer (1) expressly informs the new holder of the scope and content of these Ticket-GTC, (2) the new holder agrees to the application of these Ticket-GTC between him and the Host and (3) notifies the Host in good time of the transfer of the Ticket, naming the new holder, or the Host has implicitly declared the transfer to the new holder to be permissible. In case of a ticket purchase from the Authorised Supplier, paragraphs (1) and (2) shall additionally apply with regard to the Authorised Supplier GTC.

 

4.3 Transfer of reduced-price Tickets: With regard to the permissible transfer of reduced-price Tickets, the provisions of clause 4.2 shall apply, subject to the additional stipulation that a transfer shall only be possible if the new holder likewise fulfils the conditions for the reduction, to the extent that the new holder pays the difference between the reduced price and the regular price to the Host ("Upgrade”) prior to admission to the Event Venue. The Host may charge a reasonable handling fee for the Upgrade of a Ticket.

 

4.4 Sanctions in case of inadmissible transfer: In case of an inadmissible sale or use of a Ticket by a ticket holder as set out in clause 4.1, the Host shall be entitled to

 

a)   not deliver to the customer Tickets used in violation of the provisions of clause 4.1 prior to delivery or dispatch to the customer,

b)   block the Ticket as well as other Tickets purchased by the respective ticket holder, and deny the ticket holder admission to the Event without compensation, as well as ban the ticket holder from the Event Venue in case admission has already been granted,

c)   In case of such breach of these Ticket-GTC, the Host shall be entitled to claim payment of a reasonable contractual penalty of up to € 3,000.00. The exact amount of the contractual penalty shall be determined by the Host in each case at its reasonable discretion and, in case of dispute, shall be subject to judicial review with regard to its adequacy. The kind and extent of fault (intent or negligence), achievements of the ticket holder with regard to indemnification etc. shall be taken into account. Further claims, including claims for damages, shall remain unaffected.

 

5. Postponement, Cancellation, Termination

5.1 Open Air Events: The customer acknowledges that the Events are largely open-air events, and therefore the start and execution of the respective Event are subject to meteorological conditions and can be influenced by the weather. Furthermore, in case of sporting events, decisions on the release for the start, interruptions, postponements or cancellations shall without exception be made by the sporting supervision of the hosting federation, inter alia taking into account the safety of athletes and spectators; the Host does not have any control over such decisions. In this respect, the host shall be entitled to cancel, postpone or, if necessary, terminate the respective Event in case of unforeseen circumstances or such circumstances beyond the host's sphere of responsibility which render it impossible to hold the Event. Therefore, the customer shall be obliged to gather information about weather conditions and about the respective start of the Event, possible postponements, cancellations and applicable safety and hygiene regulations in common media as well as on www.munich2022.com prior to arrival. In all other respects, the following regulations shall apply.

 

5.2 Postponement of the Event: In case of a postponement or relocation of an Event, the Tickets shall remain valid. In this case, the customer may withdraw from the contract. The withdrawal shall be declared to the Host in text form (e-mail sufficient). The customer will be refunded the ticket price paid upon presentation of the respective Tickets.

 

5.3 Termination of the Event: In case of cancellation of an Event, the ticket holder shall not be entitled to a refund of the ticket price, to the extent the Host is liable for the respective cancellation.

 

5.4 Cancellation: In case of cancellation of an Event, the customer shall receive a refund of the ticket price paid upon presentation of the respective Ticket.

 

5.5. Exclusion of Spectators: In case of an Event being held under the total (or partial, if the customer's Ticket is affected by the partial exclusion) exclusion of spectators according to the provisions of a competent association or authority, both the Host and the affected customer shall be entitled to withdraw from the contract for the purchase of Tickets for the respective Event. The withdrawal by the affected customer shall be declared in text form (e-mail is sufficient), by fax or in writing by post. The affected customers will receive a refund of the price paid, including ticket-related price components such as system fees, advance booking fees, hospitality fees and public transport fees, but less other fees incurred such as shipping or other service costs, or a voucher to the value of the respective price for redemption in a future ticket purchase, upon presentation or sending of the original Tickets for their own account.

 

6. Admission to the Event Venue

6.1 Right of Admission: Admission to the Event Venue shall only be permitted with a valid Ticket. The Host shall be entitled to personalise Tickets. In this case, only the person specified on the Ticket or identifiable by means of other identification criteria (QR code, etc.) or the person who has acquired the Ticket within the scope of an admissible transfer in accordance with clause 4.2, subject to the inclusion and application of these Ticket-GTC, shall be granted admission to the Event, to the extent that a valid ID can be presented. In case an ID is not presented or is not valid, admission may be denied. In case of print@home/mobile tickets, admission to the Event Venue may also be denied if technical failures clearly attributable to the customer (e.g. defect of the mobile phone, unreadable printout, etc.) lead to the impossibility of electronic access control. The rejected customer shall not be entitled to compensation. Upon request, the Ticket, together with the ID, shall also be presented at any time on the Event Venue to the operator of the respective venue, to the Host or to a person authorised by them. The Ticket shall only entitle the customer to access areas that have been released accordingly.

 

6.2 Special Stipulations of Admission / Pandemic Control: In case certain requirements have to be fulfilled for good cause, e.g. due to mandatory safety regulations regarding the pandemic control or regarding the partial exclusion of spectators according to governmental guidelines, and/or verification is required for the purchase of tickets and/or the admission to the Event Venue (e.g. vaccination, test or recovery certificates), subject to the applicable data protection regulations, the Host shall be entitled and obliged to obtain such proof or certificate from the customer by means of an admission condition (immediately before admission to or stay on the Event Venue) and to control compliance with such regulations. In case the customer is unable to meet the respective conditions and requirements, the Host shall be entitled to deny the purchase of Tickets and/or admission to the Event Venue. In case of Tickets already purchased, the customer and the Host shall be entitled to withdraw from the Ticket purchase contract for the respective Event. The customer shall be entitled to a refund of the price paid less any feed incurred, upon presentation or sending of the original Tickets at his own expense.

 

If the measures require the collection or processing of personal data requiring special protection (health data), appropriate data protection information will be provided at www.munich2022.com and www.ticketmaster.com.

 

Furthermore, the customer acknowledges that, for good cause, e.g. due to mandatory safety regulations regarding the pandemic control or due to the avoidance of larger crowds, the Host shall be entitled to establish certain timeframes for admission with regard to specified ticket holders.

 

In this case, the respective ticket holder shall be obliged to comply with the relevant schedule. In case of intentional or negligent non-compliance, the ticket holder may be denied access to the Event Venue outside the specified timeframe without compensation.

 

Furthermore, the customer acknowledges that for good cause, e.g. due to mandatory safety regulations regarding the pandemic control, in particular due to governmental and/or instructions or orders of the responsible federation (e.g. safety and hygiene concepts), additional rules, regulations and requirements may apply with regard to the purchase of tickets, admission to and stay on the Event Venue.

 

Such rules, regulations and requirements shall be made available to the customer in good time and shall be observed by the customer from the time of disclosure. As an example, it may become necessary that the customer, e.g., for the purpose of tracking chains of infection within the framework of stipulated safety measures of pandemic control, is requested to provide further data on his person and/or his accompanying persons (cf. on admissible transfer clause 4.2) to the Host in accordance with the respective applicable data protection regulations.

 

Likewise, customers may be required to change their seats on the Event Venue, e.g. in order to comply with distance regulations as part of stipulated safety measures of pandemic control, or may be subject to certain information or reporting obligations. The instructions and regulations shall be observed accordingly. In case the customer does not agree with these instructions and regulations, he shall be entitled - to the extent that Tickets have already been purchased - to withdraw from the contract for the respective Event. The customer will then be refunded the price paid, less any fees incurred, on presentation or sending of the original Tickets at his own expense.

 

6.3 Reduced-price Tickets: In case of reduced-price Tickets, an appropriate identification document entitling to the respective reduction shall be carried and presented. In case such document is not presented or is not valid, admission may be denied; the refused customer shall not be entitled to any compensation.

 

6.4 Re-Entry: The Host shall fulfil its obligations with regard to the customer's right of admission by granting the customer one-time admission to the Event(s). In principle, Tickets shall lose their validity when leaving the Event Venue(s). However, a "re-entry" shall be permissible if the Tickets are scanned by service personnel of the Host upon leaving the Event Venue. Upon re-entry, the respective admission regulations shall continue to apply and, inter alia, security, personal and bag checks shall be carried out again.   

 

6.5 Admission of Children and Adolescents: Each child or adolescent shall require his or her own Ticket for admission to the Event Venue. Children up to the age of four who do not have their own seat on the Event Venue shall likewise be issued with their own Ticket (“Lap Tickets”). A Lap Ticket shall not entitle the child to a seat. Lap Tickets can only be purchased together with at least one adult Ticket. Children in possession of a Lap Ticket shall only be admitted to the Event Venue if accompanied by an adult of full age serving as legal guardian in possession of a valid Ticket. The admission of children and adolescents shall be subject to the statutory provisions on the protection of minors. Children from the age of 8 shall be admitted to the sports competitions and cultural events until 10:00 p.m.; children under the age of 8 shall also be admitted after 10:00 p.m. if accompanied by a parent or legal guardian. Children over 14 years of age who are not accompanied by a parent or legal guardian shall be required to present an appropriate official ID to prove their identity. At all other events, especially rock and pop concerts, children under the age of 8 shall not be admitted, and children and adolescents under the age of 14 shall only be admitted if accompanied by a parent or legal guardian. Other regulations may apply according to the requirements of the district administration. These shall take precedence over the above regulations.

 

7. Conduct on the Event Venue

7.1 House Rules: Upon admission to the Event Venue, the customer undertakes to comply with the House and Service Regulations, as well as the Olympic Park Code of Conduct and the Outdoor Facilities Code of Conduct that apply to the Olympic Park, all of which are available at www.munich2022.com/en/house-rules. These shall apply upon admission to the Event Venue, notwithstanding the validity of these Ticket-GTC.

 

On the Event Venue, the instructions of the operator as well as those of the Host and the security personnel for the execution of the house rules shall be observed. 

 

7.2 Disorderly Conduct: Any breach of the aforementioned house and/or service rules and/or of the rules of conduct set out below may lead to the Ticket being confiscated or blocked without compensation, to the forfeiture of the right of admission or to the ban from the Event Venue.

 

Individuals recognisably found to be influenced by alcohol, drugs, in disguise, or who are behaving violently or against public order, or give rise to the concern of such behaviour shall be prohibited from attendance on the Event Venue.

 

In particular, it shall be prohibited to carry, inter alia, the following objects:

 

  • Weapons of any kind as well as objects capable of being used as weapons or as projectiles.
  • Gas spray bottles, corrosive or colouring substances, or pressurized containers for gases highly flammable or harmful to health; with the exception of commercially available pocket lighters
  • Glass containers and bottles, cans or other objects made of glass or any other fragile, splintering or particularly hard material which, by their nature, could cause injury
  • Pyrotechnic material such as fireworks, Bengal fires, smoke bombs, smoke powder, flares, sparklers, etc. 
  • Fire-hazardous objects, poles, sticks (except for people with walking disabilities; if applicable, upon presentation of a certificate of disability), etc. 
  • Laser pointers
  • Bulky objects such as ladders, stools, (folding) chairs, boxes, suitcases
  • Bags and backpacks with more than 5 liters content. The security service may carry out bag and backpack checks at its own discretion.
  • Baby carriages are not permitted in areas of Event Venues that may only be entered with Tickets, nor in any stands, nor in any indoor areas. In open areas and those of cultural events, baby carriages may be used subject to the restriction that such carriages do not constitute a potential hazard for other visitors or an otherwise not insignificant obstacle.
  • Flagpoles or banners that are not made of wood or that are longer than 1 m or whose diameter is larger than 3 cm. Flags and banners carried or approved by the Host shall correspond to the category "flame-retardant" in terms of their material. 
  • Large banners (larger than 1.0 m2), large quantities of paper, rolls of wallpaper, large quantities of confetti, etc. 
  • Writings, posters, emblems and other objects (including items of clothing) that serve the purpose of inadmissible expression of opinion (e.g. racist, xenophobic, radical right-wing or left-wing, anti-Semitic, National Socialist or political propaganda material) 
  • Drugs as defined by the German Narcotics Act (BtMG); their consumption shall likewise be prohibited
  • Animals of any kind; with the exception of guide dogs and assistance dogs in agreement with the operator/Host
  • Noise instruments that unreasonably disturb other visitors/users or disrupt the event, e.g. megaphones, jack horns
  • plastic canisters, plastic bottles or tetrapacks containing beverages for personal use in excess of a maximum quantity of 1 liter per person
  • Food in an amount that, when objectively evaluated, is clearly not appropriate for immediate personal consumption.

 

7.3 Recordings of the Event: not permitted to record and/or transmit sound, photos, videos, descriptions or results of the Event to the extent to which this is done for public or commercial purposes; recordings for purely private purposes shall be permitted. The distribution and/or reproduction of sound, photo, film or video recordings of the Event or parts of the Event via the Internet, radio, television, data carriers (e.g. DVDs, CD-Roms, etc.) or other media, including those that may be created in the future, or the support of third parties in such activities shall strictly be prohibited.

 

7.4 Recordings of the ticket holder: Partly, webcams and video cameras are installed in the Event Venues for security reasons. Visitors to the respective premises irrevocably acknowledge to entitle the Host to take or have photos and recordings of the the respective individuals and their children/wards taken without remuneration and to copy, send out or distribute these in any other way, incl. commercial purposes. The provisions of Sect. 23.2 of the Artistic Copyright Act (KUG) shall remain unaffected.

8. Liability

The stay at and on the Event Venue shall be at one's own risk. The host shall not be liable for damages caused by his own slight negligence or that of his vicarious agents or assistants, unless this concerns the violation of material contractual obligations or damages to life, body and health; the same shall apply to the presence/occurrence of defects in the object as well as the failure of technical equipment, operational disruptions or other incidents affecting the Event.

 

To the extent to which the host is liable in cases of slight negligence or breach of a material contractual obligation, the liability shall be limited to the amount of the foreseeable, direct average damage typical for the type of agreement; this limitation of liability shall not apply in cases of culpable injury to life, body or health of persons.

 

9. Contact Address

Queries and any matters regarding Tickets of the Host may be directed to the Host via the following contact options:

Mobile: +49 (0) 1806-999000-822; E-Mail: tickets@munich2022.com.

 

10. Data Protection

Personal data shall be collected, processed and otherwise used in accordance with the DSGVO and the Host's current privacy policy, available at https://www.munich2022.com/de/datenschutz. This shall likewise include the dispatch of Event-related information.

 

11. Additions and Amendments

In case of a change in the market conditions and/or the legislative situation and/or highest court rulings, the Host shall be entitled, even in case of existing contractual obligations, to amend and/or change these Ticket-GTC with a notice period of four (4) weeks in advance, to the extent reasonable for the customer. The respective amendments 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 approved if the customer has not objected to them in writing or by e-mail to the host within a period of four (4) weeks after receipt of the amendments and/or changes, provided that the Host has expressly pointed out this fiction of approval within the respective notification.

 

12. Miscellaneous

12.1 Place of Fulfilment and applicable Law: Munich shall be the sole place of fulfilment for all contractual services. German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

12.2 Severability Clause: In case any provision of these Ticket-GTC is or becomes invalid, the validity of the remaining provisions shall not be affected. In case a clause is partially invalid, this shall not affect the remaining parts of the clause, to the extent the invalid part of the clause can be deleted without losing the meaning of the other part.

 

12.3 Place of Jurisdiction: With respect to all disputes with merchants, legal entities under public law and special funds under public law concerning orders/ purchases based on these Ticket-GTC, including the implementation of the Event, the LG München I shall be the competent court. This shall likewise apply in case of cross-border contracts, the absence of a general place of jurisdiction in Germany or the fact that the place of residence or habitual abode is unknown at the time the claim is filed.

 

12.4 Arbitration for Consumer Contracts: For the settlement of conflicts concerning consumer contracts, arbitration proceedings can be conducted at the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, Tel. +49 (0) 7851-7957940, Fax +49 (0) 7851-7957941, Internet: www.verbraucher-schlichter.de, E-Mail: mail@verbraucher-schlichter.de. This shall be subject to the condition that you have first contacted us in writing and that no mutually satisfactory solution has been found.

 


Status: September 2021

 

[1] It should be noted at the outset that the generic masculine form is used for better readability. This is not intended to constitute discrimination of any kind within the meaning of Section 1 of the General Act on Equal Treatment (AGG).