1. Scope
These general terms and conditions of sale „ Season Tickets » (now: “GTC”) apply to the purchase and/or the use of Season Tickets (now “Season Ticket” ) for events in the SIGNAL IDUNA PARK, Strobelallee 50, 44139 Dortmund, which is used by Borussia Dortmund GmbH & Co. KGaA (now: “BVB”). Additionally, The general terms and conditions of ticket sale of the Club apply in their respective valid form. Should any contradiction occur, these GTC shall take precedence.
(2) Following the purchase of a season ticket, any approval of a request regarding means of transport provided by the transport association “VRR” is followed by the conclusion of a transport contract exclusively between the Season Ticket holder and the above-mentioned transport association on behalf of which the Club covers the travelling expenses included in the price. The specific provisions of transport of the transport association are laid down.
2. Prices, categories, orders , conclusion of the contract
(1) The Season Ticket prices are listed on the current price list of the Club as well as on the booking voucher individually created for the purchaser; away season ticket prices are defined by the home club. In addition to the season ticket price, shipping charges and/or an administrative charge (e.g. booking fee) can be levied for the sending of mail. The Season Ticket packs can be purchased by entering the necessary information on the current order form and appear on the seating plan of the SIGNAL IDUNA PARK. In this respect, the Club offers the Season Ticket pack „ Bundesliga » as the basic formula as well as other season ticket packs - while exclusively in connection with the aforementioned season ticket pack - for the other domestic and international home games in the current DFB-Pokal, UEFA Champions League and/or UEFA Europa League (“additional Season Ticket packs”), provided that the Club did qualify for these competitions. Purchases of Season Ticket packs can only be made by means of a separated order form sent by mail to current Season Ticket holders and these Season Tickets are sold over the counter in the place defined in Article 12(3). If the purchaser wants to order one or many several complimentary Season Ticket packs offered by the Club, they are valid for every home game of their respective competition.
(2) Up to four (4) season tickets can be purchased by a single person. As organiser of the event, the Club reserves the right, at its sole discretion, to increase or decrease the number of Season Tickets and to grant discounts or preferential treatments, in particular to persons with severe disabilities or underage persons.
(3) The purchaser complete the fields of the form and provides in particular his personal details, i.e. his banking details and - provided that it is not already recorded in the club’s system - his existing reservation number. If a SEPA Direct Debit Mandate is granted, the purchaser must provide other details and he must state if he or - if he is not the ticket holder - the account holder agrees to engage in a future correspondence by post or by mail regarding the settlement of payments. The completed application form is then to be sent either by mail to Borussia Dortmund GmbH & Co. KGaA, ticketing department, Rheinlanddamm 207-209, 44137 Dortmund or by fax to 0231 / 9020 - 3109 or to be submitted to the place mentioned in article 12 (3) by the deadline communicated by the Club.
(4) If available, ticket orders (offers) are confirmed (approval) in writing by the Club according to the type of correspondence chosen by the purchaser (either by post or by email). After the purchaser has received the confirmation letter, a contract between the Club and himself is formed (conclusion of the contrat). If the settlement is successful (cf. Articles 4 and 5 of this GTC), season tickets shall be generally sent by post and, only in exceptional cases, handed in personally to the purchaser. The purchaser must bear all postal charges.
(5) During the course of a season, any changes, i.e. a new purchase and/or a cancellation, related to the additional Season Ticket packs offered by the Club is excluded as such change can only be made at the beginning of a new season.
(6) Additional details regarding payments and settlements are defined in articles 4 and 5 of this GTC.
3. No right of cancellation
Even where the Club offers season tickets partially by means of distance communication within the meaning of article 312b (2) of the BGB (Federal Law Gazette), no distance contract pursuant to the Article 312b (3) exists. This suggests that no right of cancellation and return exists. Upon confirmation from the Club, any purchase of Season Tickets becomes therefore immediately binding and the purchaser must obtain it and pay its price.
4. Payment, order processing - Season Ticket pack „ Bundesliga »
(1) Payments for the Season Ticket pack „ Bundesliga » can be processed through prepayment, e.g. cash, cash card or the credit card accepted by the Club (currently: Mastercard, Visa, American Express) in the place defined in Article 12 (3) by the deadline communicated by the Club. In such cases, the purchaser receives a relevant invoice exclusively in this place; the purchaser generally receives his Season Tickets by post [(cf. Article 2 (4)].
(2) In addition, the purchaser can grant a SEPA Direct Debit Mandate to the Club by means of a separated application form [(cf. Article 2(1) of this GTC]. In such cases, the purchaser receives only by registered mail a relevant contrat confirmation, an invoice and information in accordance with the paragraph 3 below as well as his Season Ticket(s), following a successful direct debit. The purchaser must bear all postal charges.
(3) Payment claims issued by the Club generally occur upon receipt of the confirmation letter [(cf. Article 2 (4)]. If a SEPA Direct Debit Mandate is granted, the Club shall inform (“pre-notification”) the purchaser or - if he is not the Ticket Holder - the account holder of the amount and the payment date, i.e. the date of the direct debit. The purchaser or - if not the Ticket Holder - the account holder must guarantee that the direct debit can be successfully processed. If any compensation is claimed at the expense of the Club, the purchaser shall be in default and he shall receive a reminder. The purchaser is obliged to refund any cost (e.g. shipping charges, banking charges for direct debits) and reminder charges incurred by the Club. The Club shall be entitled to suspend the relevant Season Ticket(s) - and also the Season Ticket pack „ Bundesliga » - until the entire amount is fully settled.
6. Shipping, transfer, claims
The shipping of Season Tickets is at the expense and risk of the purchaser except if the intention or gross negligence is attributable to the Club or any person it has appointed. The choice related to the transport association is in the Club’s discretion.
(2) Following the receipt or the transfer of the Season Ticket(s), the purchaser is obliged to check its/their authenticity in respect of the number, price, seat number and the type of Season Ticket packs. Any claim regarding any incorrect Season Ticket must be promptly submitted in writing at the latest within the two weeks following the receipt of the Season Ticket(s) to the place defined in Article 12(3). The invoice document, the postmark or the transfer protocol of the email are very important for observing the claim submission deadline. After the claim submission deadline expires, no entitlement to a new purchase or withdrawal of any Season Ticket shall be granted. If a valid claim is submitted by the deadline, the purchaser shall be given one or several new Season Tickets by the Club without any payment being required.
7. Rights of use
(1) The purchaser has the right to use the seat/standing room indicated in the relevant Season Ticket for any home match played by the first team of the Club in the competition(s) confirmed by the club and for which the purchaser has paid a specific amount (Season Ticket category) within the SIGNAL IDUNA PARK during the season running from September 7 of the relevant year to June 30 of the following year (first and second half of the season), according to the following provisions: provided that this provision is not expressly set out in the purchased Season Ticket pack, the home matches in the current domestic and international competitions such as the DFB-Pokal, the UEFA Champions League and/or the UEFA Europa League are not included in the right of use of the Season Ticket(s). The same applies to any relegation and/or friendly game as well as any other game involving or not the Club’s teams within the SIGNAL IDUNA PARK.
(2) There is no relevant right of option or reservation on the usual allocated seat in games for which the purchaser did not purchase any ticket. Irrespective of the seat or standing room indicated in the relevant Season Ticket, the purchaser of the additional Season Ticket packs is also not entitled to claim his usual allocated seat in international competitions such as the UEFA Champions League and/or the UEFA Europa League. According to the UEFA regulations, no standing room may be allocated for such games so that the relevant Season Ticket holders are not obliged to switch to changed seats. For this purpose, the relevant alternative seat is directly indicated on standing room Season Tickets. According to the UEFA regulations, places can also be changed in the seating area, although only on an individual basis. The Club informs in a timely manner the purchaser whose place is changed of the location of his seat in these games and sents him his single ticket for this game within a category which is similar or equivalent to the one of his Season Ticket.
(3) Any lucrative resale or any attempt of this kind, in particular at a price 15% higher than the relevant current match day price, is forbidden. In case of offence, the Club is entitled to suspend the Season Ticket(s) until further notice and/or to terminate the contract on an exceptional basis without justification, without compensation and previous notice and/or without any cost refund. Besides, the Article 6 of the general terms and condition of ticket sales applies to the transfer of Season Tickets. Moreover, any profit resulting from the resale is to be refunded to the Club.
(4) The access to the SIGNAL IDUNA PARK is determined on the basis of the provisions of the general terms and conditions of ticket sales (cf. Article 7 of the general terms and conditions of ticket sales) as well as the stadium rules available within the SIGNAL IDUNA PARK in their respective valid form.
8. Withdrawal, loss, assignment, refund
(1) Any exchange of the Season Ticket(s) is generally excluded. If any Season Ticket is lost and if the purchaser manages to justify and prove this loss, a replacement Season Ticket shall be issued no more than twice per policy year. In exceptional cases, a replacement Season Ticket can be issued for another seat or staring room. The purchaser bears all issuing costs of a replacement Season Ticket.
(2) The purchaser is entitled to assign the rights of use of the Season Ticket(s) to a third party by means of the assignment form which can be downloaded on www.bvb.de/tickets, provided that the new purchaser agrees to abide by this GTC. Any assignment is conditional upon further approval of the Club and may not be refused in an unreasonable manner. However, the approval shall be refused if the purchaser has not settled his payables in a timely manner or if the third party - e.g. in case of a stadium ban - is not entitled to purchase Tickets and/or Season Tickets of the Club.
(3) If one or many events for which the relevant Season Ticket pack is valid is/are canceled due to the fault of the Club (cf. Article 10 of this GTC), the purchaser shall be refunded on the basis of the purchasing price of the canceled event. However, no refund will be granted if the event is to be called off. In principle, this last provision applies especially to home ground bans imposed by a football association, particularly due to inappropriate behaviour of fans. and/or a partial or total exclusion of the public (“matches played behind closed doors”), provided that the Club has no liability whatsoever for the cancellation of the event (cf. Article 10 of this GTC). The organiser reserves the right to have a different regulation for the benefit of the purchaser provided that it has no liability for the cessation of the activity.
(4) The organiser reserves the right to postpone an event, in which case the Season Ticket(s) shall remain valid. If the event is postponed, any withdrawal of the Season Ticket(s) or any refund of the ticket price shall be excluded.
9. Contrat term, contract extension, termination
(1) The contract starts from the date of receipt of the confirmation letter by the purchaser [conclusion of the contract; cf. Article 2 (4) of this GTC] and runs for a season (first and second half of the season), i.e. from September 7 of the relevant year to June 30 of the following year (now: „ Season »), and is extended by a new season if it is not terminated in writing or by fax by one of the parties until June 31 during the course of the relevant season. Any termination against the Club is to arise in the Club’s place defined in Article 12(3). The date of receipt of mail is decisive for observing the aforementioned deadline.
(2) If, until June 31 of a season, there is uncertainty as to the division in which the Club will play in the next season, the termination deadline of the aforementioned paragraph (1) shall be extended until the fifth working day following the day of the last official match or relegation game of the running season.
(3) If the conditions for Season Tickets (e.g. prices) change, the Club shall inform the customer no later than two weeks following the expiry of the termination deadline defined in Article 9(1) and (2) of these changes as well as the current termination right of the customer. The conditions changed by the Club shall be deemed to be approved if the customer does not terminate in writing the contract for Season Tickets within the termination deadline defined in Article 9(1) and (2). After the termination deadline expires, the settlement date and the payment in accordance with any newly approved condition are to be found in the provisions of the Articles 4 and 5 of this GTC. In general, the customer shall then receive the new Season Ticket(s) by post or, in exceptional cases, handed in personally [(cf. Article 2 (4)].
(4) For the new season, the customer can apply for the allocation of a new place (“transfer”) or the booking of another Season Ticket pack. The customer has no entitlement in this respect. Any transfer or change in the Season Ticket package is in the sole Club’s discretion. This Season Ticket pack is subject to the capacities and organisational conditions. If the customer, should the transfer he has applied for or the change to be made by the Club in the current contract for Season Tickets have not been fulfilled, wishes to ensure that he will no longer by bound by the current contract for Season Tickets, he must terminate it in due course as a precaution since otherwise the current contract for Season Tickets shall remain in force.
(5) The right of extraordinary termination for good cause remains unaffected. A good cause shall particularly exist if the customer still has overdue payables notwithstanding the second reminder, with a deadline for response of 14 days. In this case, the Club is entitled to terminate without prior notice for good cause the whole of the contract for Season Tickets, i.e. both the Season Ticket pack “Bundesliga” and any other Season Ticket packs. From the date the termination comes into effect, the customer is obliged to return immediately to the Club the remaining Season Ticket(s) as well as the profits he has already made and to compensate all costs due to a delay of payment. Other claims for damages of the Club remain expressly reserved.
(6) Any termination must be made in writing.
10. Liability
(1) In circumstances permitted by law, the Club has liability for persons and/or material damages up to the amount of the risks covered by the Club’s liability insurance.
(2) Claims for damage - whatever the legal ground - and the liability for indirect damages as well as unforeseeable damages at the time of the conclusion of the contract are excluded, provided that the Club, its legal representatives and/or auxiliary persons have not acted on purpose or with gross negligence.
(3) The aforementioned restrictions do not apply to damages resulting from injury to life, body and health or to cases involving common law or the negligent violation of basic contractual obligations (cardinal obligation). Basic contractual obligations refer to obligations whose fulfillment mainly facilitates the proper performance of the contract and the observance of which the contractor regularly relies on and may rely on.
11. Data protection
DATA PROTECTION NOTICE
We abide by laws and regulations for all processing operations involving data (e.g. collection, processing and transfer). The date needed for business processes are registered and transferred, where necessary, to the service provider that we appointed in order to deal with the order processing. If a nationwide station ban is imposed, the name, the date of birth as well as the reason and the length of the stadium ban, that are necessary to enforce the ban, shall be communicated to the German Football Association (DFB), Otto-Fleck-Schneise 6, 60528 Frankfurt a.M., that shall in turn transfer this information to the officials of the local stadiums. With your consent, your address and ordering details shall be collected and processed for our marketing purposes as well as those of competing companies such as BVB Merchandising GmbH, Strobelallee 50, 44139 Dortmund and Sports & Bytes GmbH, rheinlanddamm 207-209, 44137 Dortmund. For external purposes, such data shall be exclusively transferred to those for which this is legally permitted (data published and defined in lists in accordance with the former Article 28(3)(3) and the new Article 47(2) as well as the new Article 28(3), second and fourth sentences of the Federal Data Protection Act (Bundesdatenschutzgesetz)
Guideline: You may revoke at any time the use, processing and transfer of your personal data for marketing purposes, and without giving reasons, by sending either an informal notification by post to: Borussia Dortmund GmbH & Co. KhaA, Rheinlanddamm 207-209, 44137 Dortmund or en email to datenschutz@bvb.de. However, this does not apply to the data needed for the order processing or to any stadium ban imposed on you. After receipt of your revocation, we shall no longer use, process and transfer the relevant data for other purposes than the processing of your order and the maintenance of any stadium ban imposed on you and we shall stop sending you our advertising materials, including our catalog.
12. Final clauses
(1) German law shall be exclusively applicable, excluding the provisions on conflicts of law (PIL) and the Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If both contractors are business people within the meaning of the German Commercial Code (HGB), legal persons governed by public law or public-law special funds, the place of performance and the court of jurisdiction shall be in Dortmund for both parties. The exclusive place of jurisdiction shall also be in Dortmund for cross-border contracts; however, this does not apply if the purchaser is a customer.
(3) For events of Borussia Dortmund GmbH & Co KGaA, any purchase, revocation of the use of data and/or further enquiry may be submitted to: Borussia Dortmund GmBH & Co KGaA, ticketing department, Rheinlanddamm 207-209, 44137 Dortmund.
(4) In case of any change arising in the market conditions and/or the law and/or the supreme judicial authority, the Club shall be entitled to complement and/or to amend in advance this GTC and/or the relevant valid list with a 4 weeks-notice. Any amendment shall be disclosed to the customer in writing or - if the customer previously agreed with this type of correspondence - by email. These complements and/or amendments are deemed to be approved if the customer has not expressed in writing or by email his disagreement with the complements and/or amendments within a deadline of 4 weeks after their receipt, provided that the Club had previously expressly notified the customer of this possible approval by providing him with the complements and/or amendments. Any disagreement from the customer is to be submitted to the place defined in the aforementioned paragraph 3. The access to the Club is very important for observing the opposition period.
(5) Should any of the clauses of this CGT become partially or totally invalid, the validity of the remaining clauses or parts thereof shall not be affected thereby. The parties must replace any invalid rule with a new valid rule that is closest to the economic purpose of the invalid rule. The same applies to any contractual provision that is missing.