1. General
These Terms and Conditions form part of the contract between Toonerville Festival, PO Box 8184, NY 10803 Pelham, US (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: Toonerville Festival, PO Box 8184, NY 10803 Pelham, US
The Organizer hereby informs the End Customer that vivenu GmbH (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
Tickets may be transferred. To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
vivenu shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by vivenu (on behalf of the Organizer).
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be Düsseldorf, Germany.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
vivenu Terms and Conditions
In the following you will find the general terms and conditions for ticket buyers (hereinafter “GTC”) for the use of the systems, in particular the ticket shops of vivenu GmbH. Please also note our data protection declaration, which you can find on the website and in every vivenu ticket shop.
Vivenu GmbH, Speditionstr. 13, 40221 Düsseldorf - hereinafter referred to as “vivenu” - is a provider of software services and offers the brokerage of ticket sales, the handling of the sales process and the dispatch of tickets for events, events, meetings, conferences, virtual events and similar reservations (im Summarized below under “Events”).
1. Preamble
By ordering tickets, the ticket buyer instructs vivenu to process the ticket purchase, including the shipping and payment process, in the name and on behalf of the organizer. By purchasing a ticket on a website provided by vivenu, you accept these terms and conditions. As part of the ordering process, the ticket buyer declares his / her consent to vivenu's terms and conditions through a check box to be confirmed. These terms and conditions regulate the contractual relationship between the ticket buyer, the organizer and vivenu.
The offer in the ticket shops is aimed exclusively at consumers of legal age and unlimited legal capacity within the meaning of Section 2 of the German Civil Code (BGB) within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
2. Contracting Parties
With regard to attending the event, contractual relationships are only established between the ticket buyer and the respective organizer. Please note that vivenu is not the organizer of the events offered in the ticket shop. This is shown as part of the sales process and on the tickets themselves. vivenu is only active on the part of the organizer within the scope of the service offered. Accordingly, vivenu is not liable for any cancellation of the event, insolvency of the organizer or complaints due to the quality of the event. Any claims must be made against the organizer.
The organizer may have its own additional terms and conditions that apply to the event. As part of the ordering process, the ticket buyer declares his agreement to the organizer's general terms and conditions by means of a check box to be confirmed. vivenu has no influence on the general terms and conditions of the organizer and the ticket buyer is responsible for finding out about them.
The ticket buyer assures that he is of legal age at the time of registration within the meaning of §2 BGB. He is considered a consumer if the purpose of the ordered deliveries and services is not attributed to his commercial or independent professional activity. Every natural or legal person as well as a legal partnership who acts in their commercial or independent professional activity when concluding the contract is accordingly an entrepreneur.
Every ticket buyer is obliged to provide truthful and correct information during the ordering process. vivenu is entitled to check the details of the ticket buyer on behalf of the organizer by taking suitable measures. Under certain circumstances, an order can be refused by vivenu if the information is incomplete or incorrect.
The ticket buyer is permitted to purchase several tickets under the same name and to transfer them to third parties. It is expressly pointed out that the respective organizer can set other regulations in this regard, which must be observed and, if available, are clearly marked in the ticket shop. This applies in particular to regulations regarding a limited ticket contingent per ticket buyer and personalized tickets. In principle, however, the ticket buyer is not entitled to sell tickets to third parties at a price higher than the purchase price advertised on the vivenu websites and the tickets. Exceptions to this rule require the written consent of vivenu. In the event of a breach of this prohibition, vivenu can charge the ticket buyer (reseller) a contractual penalty in the amount of Request 500 euros per ticket. Further claims for damages remain unaffected.
vivenu offers tickets for events on behalf of organizers in the respective ticket shops. With the purchase of a ticket, the ticket buyer is entitled to participate in the event selected by him on the corresponding event date.
vivenu has a power of attorney for this, i.e. vivenu is entitled to negotiate the sale of tickets for all events by all organizers with the ticket buyer and to conclude corresponding contracts on the basis of these terms and conditions. At the same time, vivenu is entitled to do so io refuse conclusion of contracts with ticket buyers, regardless of the reason, at any time. The ticket buyer therefore has no fundamental right to purchase a ticket.
3. Conclusion of contract and subject matter
Information about the event, the ticket prices, the available payment methods and the number of available tickets of the individual ticket categories as well as the entire event are based solely on the information that the respective organizer provided to vivenu when creating the offer. The respective organizer is responsible for the correctness of the settings.
By purchasing a ticket, contractual relationships with regard to attending the event come about exclusively between the ticket buyer and the organizer. The offer to conclude a contract is made by the ticket buyer as soon as he orders his ticket by clicking the “Order” button and accepting the terms and conditions. The contract for participation in an event is only concluded when the ticket is allocated and then sent to the ticket buyer with the corresponding ticket ID. Unless otherwise agreed, the ticket buyer will receive an automatic e-mail from vivenu to confirm the order and another e-mail with a link to the tickets purchased for the relevant event.
The e-mail to confirm the order as well as the further e-mail with the link to the purchased tickets are sent immediately after the payment process has been completed. Unless otherwise agreed, the purchased ticket can be accessed via this link and saved and / or printed out accordingly.
In the sales process (if this option was not deactivated by the organizer or automatically four days before the event) there is the option of ordering tickets sent by post and printed out by vivenu (hereinafter referred to as “hard tickets”) for a fee. Unless otherwise agreed, the ticket (s) will be sent to the postal address given by the ticket buyer during the ordering process within one to four working days of the order confirmation.
If a ticket buyer violates specific conditions set up by the organizer, which were clearly pointed out in the ticket shop and / or in the context of the advance sale, or the ticket buyer tries to circumvent these, or due to technical problems existing contingents (both the total contingent of the event and Contingents of individual ticket categories) have been exceeded, vivenu is entitled to cancel the ticket buyer's orders as part of a unilateral right of withdrawal.
Furthermore, an abuse and / or violation of these terms and conditions leads to a loss of the ticket buyer's access authorization to the corresponding event without compensation. The ticket therefore loses its validity from the time the abuse and / or violation of these terms and conditions becomes known.
4. Use, complaint and return of the ticket
The ticket buyer is explicitly advised that in order to enter the corresponding event, he must present the ticket purchased for this event at the entrance to the event site.
vivenu also advises the ticket buyer that the organizer is entitled to make use of his house rights for the event site at any time. A house ban can be issued by the organizer and / or the owner or operator of the event site, whereby the ticket purchased loses its validity.
Unless otherwise agreed, the validity of the purchased ticket is limited to the respective event, the respective venue and period, and, if available, the respective seat or seating unit or the corresponding ticket category and, in the event of an event being rescheduled, the corresponding replacement dates. After the event has ended, the ticket loses its validity, unless it is explicitly determined otherwise by the organizer or as part of the offer in the ticket shop.
If the event occurs that an event is canceled or postponed by the organizer before the start of the event without or with information on reasons, the right of a ticket buyer to return a ticket that has already been purchased is determined in accordance with the respective statutory provisions and the agreements that between the ticket buyer and the organizer. In particular, reference is made to the organizer's general terms and conditions.
If a ticket was issued incorrectly, vivenu is obliged to replace the incorrectly delivered ticket against return of the ticket. The ticket buyer is responsible for the correctness of the ver to check the tickets sent in order to arrange for a replacement delivery from vivenu in good time in the event of an incorrectly delivered ticket.
If hard tickets sent by post have not arrived at the ticket buyer, vivenu will only send them again if the ticket buyer assures in writing that they have not received the corresponding tickets and that the information on the shipping address has been correct.
If the ticket buyer is entitled to return a ticket and the ticket fee has not yet been paid to the organizer, vivenu will refund the purchase price already paid according to the agreement with the organizer within 5 working days of receipt of the confirmation of the return of the tickets by the organizer to the ticket buyer reimburse. If the ticket buyer is entitled to return a ticket and vivenu has already paid the full amount or the amount in excess of the reimbursable amount to the organizer, the ticket buyer is not entitled to a refund by vivenu. In such cases, the reimbursement of the purchase price must be agreed with the organizer.
5. Prices and shipping costs, payment methods
The ticket buyer is expressly advised that the total purchase price for a ticket may exceed the ticket price shown on the admission ticket and in the ticket shop. The total purchase price per ticket corresponds to the price per ticket set by the organizer and shown in the ticket shop, the fees for processing the ticket purchase and the applicable statutory VAT. As soon as the ticket buyer has placed the required number of tickets in the shopping cart, the total purchase price for all tickets including all fees and shipping costs is displayed as a total. The corresponding fees for processing the ticket purchase are shown separately.
The total purchase price is due for payment immediately after the ticket buyer has clicked on the “order button”. Payment can be made using the online payment method specified in the ticket shop. Payment is processed through our partner Adyen BV, Simon Carmiggelstraat 6 - 50, 1011 DJ Amsterdam and / or the PayPal business accounts of the respective organizers. The ticket buyer does not incur any additional, undisclosed fees for the use and processing of the various payment methods. If there is a delay in payment, the statutory provisions apply.
When tickets are sent by post, shipping costs are incurred, which are to be borne by the ticket buyer. The costs incurred for this are explicitly shown to vivenu.com in the ticket shop.
All prices shown in the ticket shop include the applicable statutory value added tax. As part of the order process, the ticket buyer is shown all costs incurred for his order.
6. Retention of title
The tickets created with the corresponding ticket IDs remain the property of the respective organizer until they have been paid for in full and the tickets have been sent to the ticket buyer. vivenu and / or the organizer must be notified immediately of any damage, loss or seizure of tickets by the ticket buyer. If the ticket buyer loses a ticket sent by post (hard ticket) or if it is lost in his area of responsibility, vivenu is not obliged to procure a replacement.
7. Warranty
The corresponding statutory provisions apply to warranty law.
8. Data protection
The separately listed data protection declaration from vivenu applies. This can be called up on every subpage of the “vivenu.com” website and is clearly marked in every vivenu ticket shop. If the ticket buyer has explicitly agreed by confirming a check box, vivenu can use the ticket buyer's email address for its own advertising purposes to send direct mail. The ticket buyer can object to its use at any time. This objection can be made by any means of communication, not just by email. In order to take effect, however, this contradiction must reach vivenu. You will find contact details for exercising your objection in the imprint. There is also a link in the newsletter that can be used to unsubscribe from the newsletter. The e-mail address of the ticket buyer will then be deleted immediately from the corresponding mailing lists and will no longer be used for such advertising purposes.
9. vivenu's liability
vivenu is liable without limitation in any case for damage to life, body or health that is based on a breach of duty by vivenu or vicarious agents of vivenu as well as for damage caused by the lack of a quality guaranteed by vivenu ever caused. This also applies to damage or fraudulent concealment of defects that can be traced back to grossly negligent behavior on the part of vivenu.
In the event of errors or the faulty nature of third parties over which vivenu has no influence, in particular the failure of servers or mail systems, vivenu assumes no liability.
In the event of breaches of essential contractual obligations (so-called cardinal obligations) that are based only on simple negligence, vivenu's liability is limited to the foreseeable damage typical for the contract. In other cases of simple negligence, vivenu accepts no liability.
vivenu does not act as the organizer of an event offered via the ticket shop and is therefore not liable as such for damage that may arise during an event. Furthermore, vivenu is not liable for damage caused by the ticket buyer during the duration of his stay on the site of an event.
The organizer is solely responsible for the content, completeness and correctness of the implementation or the cancellation of the event and vivenu is not liable for incorrect information or expenses due to the postponement of the event. This also applies if the event cannot take place or is canceled due to force majeure.
These limitations of liability also apply to the personal liability of employees, employees, representatives, shareholders and vicarious agents of vivenu.
10. Availability of the services offered
vivenu assumes no liability for the uninterrupted usability of the ticket shops and the availability of other services. For delays or errors in the transmission, memory failures and associated restrictions of the vivenu products and other services on the domains of "
vivenu.com
”Vivenu also assumes no liability. It should be noted that the website and / or individual services may be temporarily interrupted in the course of maintenance work.
11. Right of withdrawal for consumers
According to § 312g Paragraph 2 Clause 1 No. 9 BGB, consumers have no right of withdrawal for a contract for services in connection with leisure activities if the contract provides for a specific date or period for the acquisition. vivenu provides services in the field of leisure activities within a precisely defined period of time. According to the judgment of the Munich Local Court on December 2nd, 2005, ordering tickets over the Internet or by telephone does not comply with the Distance Selling Act and thus contracts concluded via vivenu are not distance selling contracts. There is therefore no right of withdrawal for the ticket buyer. The order of tickets via vivenu is binding immediately after confirmation by vivenu and automatically obliges to accept and pay for the ordered tickets.
12. Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution, which you can find at http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. We are basically ready to take part in an out-of-court arbitration procedure.
13. Final provisions and severability clause
Unless otherwise agreed, the ticket buyer can send all declarations to vivenu by email or letter. The ticket buyer expressly agrees that vivenu can send statements to him to the e-mail address that he specified as a valid e-mail address when ordering.
Should individual regulations of these terms and conditions be ineffective and / or incomplete, this does not affect the effectiveness of the remaining regulations. The contracting parties undertake to replace the ineffective regulation with an effective regulation that comes as close as possible to the legal concept of the ineffective and / or incomplete regulation. This applies accordingly to loopholes.
In the contractual relationship between the ticket buyer and vivenu, these terms and conditions apply exclusively to all ticket sales processed via vivenu websites. It is therefore expressly contradicted to include general terms and conditions of the ticket buyer.
If the ticket buyer is an entrepreneur within the meaning of these terms and conditions, a legal person under public law or a special fund under public law, the place of jurisdiction and place of performance is the headquarters of vivenu GmbH.
The law of the Federal Republic of Germany applies to the exclusion of international private law and the UN sales law adopted into the law of the Federal Republic of Germany.