General Ticket Terms and Conditions for the 2020/2021 season
Scope of application: These General Terms and Conditions of Ticketing (hereinafter: "GTC") apply to the purchase and/or use of day tickets and/or other admission tickets (hereinafter: "Ticket(s)") for events organised by Borussia Dortmund GmbH & Co. KGaA, Rheinlanddamm 207-209, 44137 Dortmund (hereinafter: "Club or Organiser") for the special match operation during the current SARS-CoV-2 pandemic (hereinafter: "Covid-19"), initially expected to be limited until 31 December 2020, by the Organiser or third parties authorised by the Organiser at the respective venue used, in particular at SIGNAL IDUNA PARK, Strobelallee 50, 44139 Dortmund (hereinafter: "Stadium"), as well as access to and presence in the Stadium.
Away tickets: These GTC shall also apply to the legal relationship arising from the purchase and/or use of tickets entitling the holder to access stadiums for the Club's away matches ("away tickets"), if the away tickets are purchased from the Club or from authorised sales outlets. Further regulations (e.g. General Terms and Conditions or Stadium Regulations of the home club) may apply upon admission to stadiums for away matches. Should these GTC contradict the regulations issued by the home club, then these GTC will take precedence in the legal relationship between the customer and the club.
Visiting tickets: These GTC also apply accordingly to the legal relationship established by the purchase of tickets via the visiting club and/or the use of these tickets upon entry to the stadium for a match of the visiting club in the stadium ("visiting tickets"). Should these GTC contradict the regulations issued by the respective visiting club, then these GTC will take precedence in the legal relationship between the customer and the club.
Admission of visiting fans: Due to the current Covid-19 pandemic, neither away tickets nor visiting tickets may be issued for sale until at least 31.12.2020 as fans of visiting teams are currently not permitted to attend away games; as soon as such restrictions are removed, these GTC will also apply to away tickets and visiting tickets.
Public transport: With regard to the right to travel on the public transport system "VRR", if applicable, granted with a purchased ticket, a transport contract is concluded exclusively between the purchaser of the ticket and the transport company, in whose name the organiser collects the share of the travel costs included in the price of a ticket. Please refer to the separate terms and conditions of the transport company, if applicable.
Special match operations: Every customer acknowledges that, during special match operations in the Covid-19 pandemic, it is possible that events may not be able to take place in the usual form due to regulations and/or measures imposed by the club and/or the authorities.
2. ticket order, conclusion of contract and delivery
How to obtain tickets: Tickets for Club events can generally only be obtained from the Club or from authorised sales outlets (including visiting clubs). You can find out whether a sales outlet is authorised by the Club by contacting the contact address in section 14 ("Contact address"). If, in addition to these General Terms and Conditions, other provisions apply to the purchase of tickets from authorised sales outlets, these General Terms and Conditions shall take precedence in the legal relation between the Customer and the Club. For the duration of the Covid 19 pandemic, the Club is entitled to limit the purchase path to online ordering and the maximum number of tickets that can be ordered per customer, to only certain customers, e.g. season ticket holders and/or club members, and to determine the allocation of tickets according to objective and non-discriminatory criteria, in particular by means of a raffle. Every potential purchaser acknowledges that the Club is entitled, for important reasons such as the upholding of safety or hygiene measures in the context of the fight against the Covid-19 pandemic and requirements for maintaining socially distanced seating areas, to allocate to the Ticket Holder seats of a lower category than those initially ordered or requested. In this case, the Ticket Holder is not entitled to compensation.
Special contractual conditions in special match operations: Prior to conclusion of the contract, each potential purchaser must confirm their awareness and acceptance of the Club's current hygiene and protection concept, which is laid down in the Club's separate stadium regulations for special match operations during the Covid-19 pandemic as well as in separate rules of conduct. Every potential purchaser is requested to do so in the online order (see 2.4 below for the general rules). If, for good cause, e.g. due to protection and hygiene measures stipulated by the association and/or the authorities, certain proofs and/or declarations for admission to the stadium are required (e.g. declarations on state of health, time spent in risk areas, proof of main residence), the Club is entitled, within the scope permitted by data protection law, to have these proofs and/or declarations declared and/or presented or collected as a requirement of admission. Furthermore, each potential purchaser or Ticket Holder acknowledges that the Club is entitled, for important reasons such as the upholding of safety or hygiene measures prescribed by the association and/or the authorities or the avoidance of large crowds of people, to set up specific access time windows for certain Ticket Holders. In this case, the respective Ticket Holder is obliged to comply with the relevant requirements.
Personalisation: The Club is entitled and, in the event of association and/or official regulations or measures, also obliged to issue tickets for the events only in a strictly personalised manner. In this case, the Club is obliged to store the name, address and telephone number of all ticket holders so that chains of infection can be traced. If these data are not provided, tickets cannot be issued ("strict personalisation"). The data of all ticket users will be collected by us solely for the purpose of enabling the tracking of infections; we will keep this data for a period of four weeks from the beginning of the event, protected from third-party inspection by the responsible authorities (usually the public health department), and will only forward it to them on request. Data will be deleted or destroyed securely and in accordance with data protection regulations immediately after the expiry of this four-week period. In addition to the above-mentioned contact data, we will also collect further data (in particular e-mail) of each potential purchaser and use it, in addition to the contract processing, to contact you before, during and after the event, if necessary, in relation to the event (reference is made to section 15 of these GTC in this regard). Insofar as strict personalisation is not required, every potential purchaser is at least obliged to keep the contact details of his/her accompanying persons on the day of the event for a period of four weeks from the start of the event, protected from third party access by the competent authorities (usually the health authorities), and to forward them to these authorities if requested ("soft personalisation"). When purchasing tickets for additional persons by means of soft personalisation, the purchaser undertakes to oblige his/her accompanying persons to comply with the Club's hygiene and safety concept, which is laid down in the separate stadium regulations for special matches during the Covid-19 pandemic and, if applicable, separate rules of conduct, and to point out that the Club's hygiene and safety concept must be accepted upon entry to the event venue (stadium and surrounding area).
Online order: When ordering tickets online, login details may be assigned. The customer is responsible for ensuring that no unauthorised third parties obtain knowledge of these login details. The Customer shall be liable for all misuse by third parties in this context, unless the Customer is not responsible for the misuse. In the case of an online order for a ticket, the Customer shall submit a binding offer to conclude a contract with the Club using the online command provided for this purpose on the Club's website. If the Club confirms the receipt of the contractual offer online to the Customer, this does not yet constitute acceptance of the offer, but is subject to the availability of the ordered tickets and the consideration of special circumstances (e.g. security aspects); the same applies to the conclusion of an online order and/or ticket request via the online lottery portal provided separately by the Club during special match operations, where no separate confirmation of receipt of the online order and/or ticket request is issued. The following shall apply to all online ordering procedures: The contract between the Club and the Customer shall only be concluded on the basis of these GTC when the tickets have been dispatched or sent electronically (print@home tickets or, if applicable, mobile tickets) or, if applicable, when the tickets have been deposited for collection at the ticket office (clause 5), should this be permitted once again during the Covid-19 pandemic. This clause shall apply accordingly to orders for tickets on the official second-hand market platform of the Club (available at https://www.eventimsports.de/ols/bvb/).
Other orders:If the order is placed via different distribution channels of the Club, the contract is concluded on the basis of these TCC at the time of dispatch, handover or deposit of the ticket at the ticket office (clause 5) should this be permitted once again during the Covid-19 pandemic.
Special conditions:The Club reserves the right to limit the number of tickets available for sale at an event and for individual customers at its sole discretion, and to grant or deny ticket discounts and/or preferential conditions. Different provisions may be made for the authorised ticket outlets.
Right of admission: The Club, as the issuer of the Tickets, does not wish to grant admission to events in the Stadium to everyone, but only to those who have purchased the Tickets from the Club or an authorised sales outlet or within the framework of an authorised transfer in accordance with Clause 8.3. Therefore, the Club will only grant admission to persons who can be identified by individualisation features printed on the Ticket (e.g. name imprint, bar or QR code, shopping basket number) and/or vis-à-vis secondary purchasers who have purchased Tickets in accordance with Clause 8.3 in an admissible manner ("right of admission"). A suitable official identification document (e.g. identity card, passport) must be carried as proof of identity and presented at the request of the Club and/or security personnel. When entering events in the stadium, customers and ticket holders are obliged, upon request by the Club, to state how and at what price they purchased the tickets. Tickets offered for sale on sales platforms not authorised by the Club or by other third parties do not confer any right of admission under this Clause 2.7 and may give rise to legal consequences under Clauses 8.5 and 9.3. The Club shall fulfil its obligations with regard to the right of admission of the Customer or the respective Ticket Holder by granting one-time admission to the event(s). The Club shall also be released from its obligation to provide services if the customer or ticket holder has not acquired an effective right of admission in accordance with this Clause.
3. Discounted tickets
Discount eligibility: The Club may grant discounts for certain groups of people, reference is made in this regard to the current price list. Double discounts are not granted. The date of the event for which a ticket is purchased is relevant for the respective discount eligibility.
Proof of discount: The current legal or official proof of discount must be presented when purchasing tickets and must also be carried upon entry to the stadium and shown to security personnel upon request. If it is not carried or is not valid, admission to the stadium may be refused; the rejected customer has no right to compensation. Violations can be punished by expulsion from the stadium and by a criminal complaint.
Tickets for children: Tickets for children can only be purchased alongside at least one ticket for adults. Children in possession of a children's ticket will only be admitted to the stadium if accompanied by an adult who is of legal age and has a valid ticket. For the duration of the "Covid-19" pandemic, the purchase of children's tickets as "lap tickets" cannot be offered for the time being due to applicable hygiene and safety concepts.
Transfer and upgrading: The regulations in section 8 apply to the transfer of discounted tickets with the additional proviso that a transfer is only possible if the new ticket holder also fulfils the relevant discount requirements. The possibility of upgrading is not offered during the Covid-19 pandemic.
Special Tickets: The Club may, in its sole discretion, issue tickets directly or through sales outlets authorised by the Club, without charging any fees or charges ("Special Tickets"). The issue of Special Tickets is always for a specific purpose, as indicated by the issuing Club, and may be subject to special rules that differ from the rules for other Tickets.
4. Payment methods
Prices and payment methods: The ticket price is based on the price list for the ticket categories on the current seating plan of the stadium; the same applies for away tickets according to the specifications of the respective host club, if these tickets are in fact available in light of the Covid-19 pandemic and current regulations.. Ticket orders will only be processed via advance payment and using the accepted payment methods (e.g. SEPA direct debit, bank transfer, EC card, credit card [currently: Mastercard, Visa and American Express], cash payment). In addition to the ticket price, the Club may charge the Purchaser for shipping costs in the case of ticket shipment and/or a reasonable service fee (e.g. advance booking fee) for services that are in the Purchaser's interest.
If, in exceptional cases, an order is granted on account, the purchaser undertakes to pay the invoice amount within 14 days of receipt of the invoice. If the payment date is exceeded, the purchaser is in default without a separate reminder. The Club also reserves the right to use payments to settle the oldest due invoice items plus the interest and costs accrued on them, in the following order: costs, interest, principal claim.
Cancellation: Should the payment not be successfully completed for reasons for which the customer is responsible (e.g. insufficient credit card or bank account cover, chargeback), the Club is entitled to cancel the order without replacement or to block the corresponding tickets electronically. The Organiser also has the right to cancel ticket requests or to refuse access to the stadium if incomplete or incorrect information is provided with regard to name, address, telephone number and e-mail. Any additional costs incurred shall be reimbursed by the customer. The Club reserves the right to assert further claims for damages.
SEPA Direct Debit Mandate: If the customer gives the club a SEPA Direct Debit Mandate, the direct debit is generally not collected until after the invoice has been issued and the customer is notified at least one business day in advance; further separate rules may apply to online orders during special match operations. The customer assures to provide for appropriate coverage of the account. Any costs incurred due to non-redemption or reversal of the direct debit shall be borne by the customer as long as the non-redemption or reversal was not caused by the Club.
5. Shipping and deposit
Shipping: Tickets will be shipped at the Customer's expense, with the Club selecting the shipping company and providing the Customer's shipping data to the Club for the purpose of fulfilling the contract. The risk of loss or damage of the tickets during shipping is borne by the Club. Tickets ordered for mailing by post are regularly delivered to the Customer within seven (7) working days of confirmation of dispatch (Sections 2.4 and 2.5). If the Customer has not received any tickets by this time, the Club must be informed immediately via the contact address if the tickets are lost during shipping. The Club will reissue tickets lost in the course of dispatch in accordance with Clause 6.3.
Deposit: Due to the Covid 19 pandemic, it is likely that the deposit of tickets at the ticket office will not be offered at the beginning of the 2020/2021 season and possibly beyond. If a deposit can be offered again, the following will apply: If the timely receipt of tickets can no longer be guaranteed due to short-term orders and notification by the Club, the tickets can be deposited at the [Service Centre] set up for this purpose at the stadium for collection. The tickets may only be collected by the Customer or a third party authorised by the Customer in writing, upon presentation of a suitable official identification document (identity card, passport, etc.). The Club may charge an appropriate deposit fee for the deposit of the ticket. The risk of losing or damaging the Tickets prior to collection shall be borne by the Customer, unless there is gross negligence or intent on the part of the Club or the third party authorised by the Club.
6. Complaint, defects, loss, re-personalisation
Complaints: Complaints regarding tickets and/or ticket orders which clearly show a defect must be made immediately, i.e. without undue delay, generally within five (5) working days after receipt of the Club's confirmation of dispatch (cf. section 2.3) or after receipt of the tickets, but no later than seven (7) working days before the respective event, in text form (e-mail is sufficient), by fax or by post to the contact address. In the case of tickets and/or ticket orders placed within the last seven (7) working days prior to the respective event, and/or in the case of deposited tickets pursuant to Clause 5.2, the complaint must be made immediately; otherwise, the previous provision shall apply mutatis mutandis. In the case of any other order pursuant to Clause 2.3 where the Ticket is handed over or deposited pursuant to Clause 5.2, any complaint must be made without delay. Defects within the meaning of this Clause 6.1 are, in particular, inadmissible deviations from the order in terms of quantity, price, date, event and venue, faulty printed image, missing essential details such as event or seat number in the case of tickets in paper form and/or visible damage to or destruction of the ticket. The date of receipt of the postmark or the transmission protocol of the fax or e-mail is decisive for compliance with the complaint deadline. If the complaint is justified and made in good time, the Club will issue the Customer with a new ticket free of charge against delivery of the ticket under complaint. The regulations regarding complaints expressly do not apply to Tickets lost or sent to the Customer in accordance with Clause 6.3 or to the sending of Tickets that have not been ordered, nor to cases in which the reason for the complaint can be proven to be the fault of the Club.
Defect: In the event of a technical defect in a ticket or difficulties with electronic admission control, the Club will issue a new ticket or activate the old ticket if the customer can prove legitimate identification. Processing fees may be charged for the new issue in accordance with the Club's price list, unless it can be proven that the Club or third parties commissioned by the Club are responsible for the defect.
Loss: The club must be informed immediately of the loss, i.e. any involuntary loss, of purchased tickets purchased. The Club is entitled to block these tickets immediately after notification of the loss. If a ticket subject to electronic admission control is lost, the ticket will be reissued after notification of the loss, blocking of the ticket and verification of the customer's identity. The Club may charge a processing fee for the reissue of the ticket in accordance with the price list. In the event of improper reporting of a loss, the Club will file a criminal complaint. For security reasons, other lost tickets cannot be reissued.
Re-personalisation: As long as the requirements of strict personalisation pursuant to Clause 2.3 apply, the Club shall endeavour to make it possible to change the personalisation of Tickets ("Re-personalisation") up to the beginning of the respective event (generally up to the kick-off of the respective match) without any entitlement thereto. Any further information published by the Club shall apply in this respect. However, the basic prerequisite will always be that the ticket has not yet been used to gain access to the event at the time of the desired re-personalisation. The same requirements will apply to the new personalisation as to the initial personalisation; in particular, the new ticket holder must fulfil all admission requirements and provide the necessary information and evidence. However, if the Club only carries out soft personalisation, the requirements of clauses 8.2 and 8.3 alone shall apply, as there is then no reason to re-personalise.
7. Returns and refunds
No right of withdrawal or return: Even if the Club offers tickets via means of remote communication in the sense of § 312c para. 2 BGB and thus a distance contract may exist pursuant to § 312c para. 1 BGB, the customer has no right of withdrawal when purchasing a ticket pursuant to § 312g para. 2 no. 9 BGB. This means that there is no two-week right of withdrawal and return. Each offer or order of tickets is therefore binding immediately after confirmation by the Club and obliges the Customer to accept and pay for the tickets ordered.
Exchange and return: Exchange and return of tickets is generally not allowed. If a customer cannot use a ticket for personal reasons (e.g. illness), a transfer of the ticket to a third party within the framework of the provision under 8.3 is permissible by way of exception.
Rescheduling or abandonment of the match: In the event of a match which is scheduled at the time of purchase of the ticket(s) being postponed or moved to a different venue, the tickets remain valid. The customer may withdraw from the contract. The withdrawal must be declared in text form (e-mail is sufficient), by fax or in writing by post to the contact address. The customer concerned will be reimbursed the ticket price paid upon presentation of the ticket or return of the ticket at their own expense to the Club. The Club reserves the right not to refund service and shipping fees. If the event is abandoned, the Customer shall not be entitled to a refund of the ticket price paid, unless the Club is responsible for the abandonment of the match or a weighing of the conflicting interests of the Customer and the interests of the Club argues in favour of a refund in individual cases. The final fixing or scheduling of an event shall not be deemed a postponement within the meaning of this provision and shall therefore not entitle the Customer to withdraw from the contract if, at the time of purchase of the ticket, the final fixing or scheduling of an event has not yet been determined.
Cancellation and/or exclusion of spectators: In the event of cancellation of the event without substitution and/or in the event of an event which, according to the regulations of the responsible association or authority, must take place in whole or in part with the exclusion of spectators, both the Club and the Customer concerned shall be entitled to withdraw from the contract for the purchase of Tickets for the event concerned. Withdrawal by the Customer concerned must be declared in writing (e-mail is sufficient), by fax or in writing by post to the contact address. The affected Customers will receive either a refund of the ticket price paid or a voucher to the value of the corresponding ticket price against presentation or sending of the ticket at their own expense to the Club, at the Club's discretion; the Club reserves the right not to refund service and shipping fees.
Subsequent reduction of spectator capacity: During the special match operations period, it may occur at any time, e.g. due to an increase in the number of Covid-19 infections, that events may result in a reduction in the number of spectators initially admitted by the authorities after the start of sales or after conclusion of the contract, as a result of regulations imposed by the association and/or the authorities. In the event of such a reduction in the number of spectators, the Club is entitled to withdraw from the contract for the purchase of tickets for the event concerned (partial withdrawal). The Club is subsequently entitled to block and/or cancel tickets. The Customer will be reimbursed for any ticket price already paid for the event concerned.
8. Use and transfer
8.1 Purpose: In order to prevent violence and crimes in connection with stadium visits, to enforce stadium bans, to separate fans of opposing teams and to prevent unauthorised ticket distribution, in particular to prevent ticket speculation (e.g. purchase of tickets with the aim of direct resale or resale of tickets at increased prices), and to maintain the widest possible supply of tickets to fans at socially acceptable prices, it is in the interest of the club and the spectators to restrict the distribution of tickets.
8.2 Unauthorised transfer: Tickets are sold exclusively for private, non-commercial use by the Customer; any commercial or business resale of the tickets by the Customer is prohibited. Commercial and business ticket sales are reserved solely for the Club and authorised ticket agencies.
Uncontrolled resale and/or unauthorised private transfer of tickets in times of Covid-19 special match operations would also destroy all the Club's efforts and expenses to ensure the successful implementation of its hygiene and safety concepts. Therefore, the resale of tickets during special match operations can only take place via the Club's official ticket secondary market platform and the private transfer of tickets in case of strict personalisation only in accordance with section 6.4 and in case of soft personalisation only in accordance with section 8.3.
Should these requirements be omitted at a later date, the following shall only apply to resale from that date: The customer is specifically prohibited from...
a) offer and/or sell tickets publicly, in particular at auctions or on the internet (e.g. on Ebay, Ebay classifieds, Facebook) and/or on sales platforms not authorised by the Club (e.g. viagogo, seatwave, StubHub etc.)
b) sell tickets at a higher price than that paid; a surcharge of up to 15% to compensate for transaction costs incurred is permissible,
c) sell tickets regularly and/or in larger numbers, whether on one match day or spread over several match days
d) sell or transfer tickets to industrial or commercial resellers and/or ticket traders,
e) use or allow tickets to be used for commercial or business purposes without the express written consent of the Club, in particular for the purposes of advertising, marketing, as a bonus, promotional gift, prize or as part of an unauthorised hospitality or travel package,
f) pass on tickets to persons against whom a stadium ban exists, if the Customer was aware or should have been aware of this fact.
g) pass on tickets to fans of visiting clubs if the Customer was or should have been aware of this fact.
h) resell special tickets or pass them on to persons for whom the intended purpose associated with the special ticket has not been fulfilled.
i) to pass on and/or use the Ticket without the prior written consent of the Club or the Organiser for the purposes of advertising, marketing, as a bonus, promotional gift, prize, prize draw or as part of an unauthorised hospitality or travel package.
8.3 Permissible transfer: A private transfer of a ticket for non-commercial reasons, in particular in individual cases of illness or other hindrance to the Customer, is permissible if there is no case of unauthorised transfer as defined in Clause 8.2 and
a) the transfer is made via the Club's official secondary market platform and in the manner specified for this purpose on the secondary market platform, or
b) as long as there is no strict personalisation of tickets (in which case only Clause 6.4 shall apply) the Customer shall inform the new Ticket Holder (1) of the validity and content of these GTC as well as the necessary forwarding or provision of information, in particular contact data for traceability (name, address, e-mail and telephone number), about the new Ticket Holder to the Club in accordance with this Clause or Clauses 2.2 and 2. 3, (2) by purchasing and using the Ticket, the new Ticket Holder agrees to the applicability of these GTC between him/her and the Club and to the processing of his data by the Club, (3) the Club is informed about the transfer of the Ticket at the request of the new Ticket Holder by naming the new Ticket Holder or the Club has implicitly declared the transfer to the new Ticket Holder to be permissible and (4) the customer or recipient of the Ticket, at the request of the Club or organise,r provides information as to whether, when, which and how many tickets have been sold or passed on to which persons, if applicable, and at what price.
8.4 Data of the new ticket holder: The processing of the name, address and telephone number of the new ticket holder is carried out, on the one hand, for the fulfilment of the contracts between the ticket holder and the Club and between the ticket holder and the customer in accordance with Art. 6 para. 1 sentence 1 b) DSGVO. On the other hand, this data processing is carried out to safeguard the legitimate interests of the Club in accordance with Art. 6 para. 1 sentence 1 f) DSGVO. The legitimate interests of the Club arise from clauses 8.1. and 8.2.
8.5 Measures in the event of unauthorised transfer: In the event of one or more infringements of the provision in Clause 8.2 and/or other unauthorised transfer of Tickets, the Club shall be entitled to...
a) not deliver and cancel tickets that have been used contrary to the provisions in section 8.2 prior to delivery or dispatch to the Customer;
b) block the tickets concerned and refuse the ticket holder access to the stadium or expel them from the stadium without compensation;
c) exclude affected customers from buying tickets for a reasonable period of time, up to a maximum of five (5) years; the length of the ban will depend on the number of infringements, the number of tickets offered, sold, transferred or used, and any revenue generated by the resale;
d) in the event of an inadmissible transfer of tickets pursuant to Clauses 8.2 a) and/or 8.2 b), demand from the respective customer payment of the additional proceeds or winnings in accordance with Clause 14;
e) to cease to grant preferential rights to affected customers, e.g. the preferential rights associated with membership of the club or official fan clubs of the club, and/or to terminate the membership of the club to affected customers; and/or
f) to report the incident in an appropriate manner, stating the name of the customer, in order to prevent any use of tickets in breach of contract in the future.
9.Access to the stadium and behaviour in the stadium
9.1 Stadium Rules: Admission to the stadium is subject to the Stadium Rules, which can be viewed at any time https://www.bvb.de/eng/Tickets/Information-GTC/Stadium-Rules. By entering the area of the stadium, each ticket holder acknowledges and accepts the Stadium Rules as binding; they apply irrespective of the validity of these GTC.
9.2 Householder's rights: The Club or third parties commissioned by the Club shall be entitled to exercise the householder's rights at any time. The instructions of the Club, the police, security personnel and the stadium administration in the run-up to, during and immediately after an event must always be followed.
9.3 Right of admission: In principle, every customer or ticket holder with a validly acquired right to visit in accordance with Clause 2.7 is entitled to enter the stadium.
Admission to the stadium and stay in and around the venue is at the risk of the Customer, especially with regards to possible infection with Covid-19 or other infections. The Club expressly draws the attention of all visitors to the fact that despite all hygiene and protective measures, it cannot be ruled out that visitors may become infected with Covid-19 or comparable infectious diseases during their visit to the stadium. If a visitor belongs to a risk group according to the recommendations of the Robert Koch Institute (henceforth "RKI"), it is recommended that they do not enter the stadium. Stadium visitors are advised to install and activate the RKI's corona warning app. In the event of an infection, possible contact persons can be identified and notified. However, there is no obligation to use this app.
The Stadium Rules, in particular the instructions of the police, the event organiser and/or the security forces, must be observed. Admission to the stadium may be refused if...
a) the Customer or Ticket Holder refuses to submit to an appropriate check of his/her person and/or items carried by the security staff before entering the circumscribed stadium area at the entrance and/or inside the stadium.
b) the Customer or Ticket Holder refuses to comply with the special hygiene and infection prevention rules, in particular the obligation to wear a mask and respect allocated time slots indicated on tickets for access to the stadium during the Covid-19 pandemic in accordance with the Stadium Rules.
c) the Customer or Ticket Holder enters and subsequently leaves the stadium grounds during the event, in which case the Ticket becomes invalid.
d) the individualisation features printed on the ticket (e.g. name imprint, seat data, barcode, QR Code, serial and/or shopping basket numbers) have been manipulated, made unrecognisable and/or damaged or an attempt to gain admission has already been made with the ticket, insofar as the Club is not responsible for this.
In the event of a justified refusal of admission, the Customer or the ticket holder is not entitled to compensation.
9.4 Seat assignment: Each ticket holder must take the seat in the stadium that is indicated on his/her ticket or for which his/her ticket is valid. By way of exception, he/she is obliged to take a different seat on the instructions of the Club or the security staff if this is necessary for a serious objective reason (e.g. security aspects); in this case, there is no entitlement to compensation.
9.5 Visual obstructions: Visibility may be temporarily impaired throughout the stadium, in particular by the waving of flags and/or standing spectators. Complaints or claims for compensation based on these restrictions are excluded.
9.6 Fan blocks: The entire south stand area (B/W, south, S/O) as well as other individually assigned blocks in the stadium are designated for the club's fans ("home area"). In this home area and other designated areas of the stadium, visibility may be impaired, in particular by the waving of flags. Any complaints or claims for compensation based on these restrictions are excluded. As the Club is obliged to separate fans of opposing teams for safety reasons, fans of the respective visiting team or persons who can be regarded as fans of the visiting team due to their behaviour or appearance ("visiting fans") are not permitted to enter and/or stay in the home area for safety reasons; in areas used exclusively by the visiting club (North, N/O), if guest fans were to be allowed at all during the Covid 19 pandemic, access in BVB fan clothing is also prohibited. The Club, the police and the security staff are entitled to deny visiting fans, even if they are in possession of a valid ticket, access to the home area and/or to expel visiting fans from the home area and, if there is still enough space, to bring them or have them brought to the visiting area of the stadium. If no other suitable seat can be offered, the visiting fan(s) concerned may be expelled from the stadium and/or denied access to the stadium, in which case no compensation will be paid.
9.7 Disorderly conduct: In the event of one or more violations by Ticket Holders or customers of the following rules of conduct, which apply throughout the stadium and, if not explicitly limited to the stadium area, also at events organised or hosted by the Club. The Club, the police and/or security personnel are entitled to confiscate prohibited items carried by Ticket Holders or Customers without compensation and/or to refuse Ticket Holders or Customers access to the stadium and/or the event location and/or to expel them from the stadium and/or the grounds without compensation.
a) It is forbidden to enter the field of play and/or to enter or pass through barriers or the fencing of the stadium interior without appropriate permission.
b) It is forbidden to visibly be under the influence of alcohol or drugs and/or to wear a disguise, to behave violently or in any other way contrary to public order, or to give rise to concern about such behaviour.
c) It is prohibited to carry and/or use the following items: Weapons, objects which can be used as weapons or projectiles, corrosive and highly flammable substances, bottles of any material, cans or other containers made of fragile, splintering or particularly hard material, flares, fireworks, smoke candles and/or powder, Bengal fire and all other pyrotechnic articles and substances or mixtures of substances, laser pointers, bulky items, drinks not purchased in the stadium, illegal drugs, items of clothing apparently being carried for the purpose of disguise, animals and any other items which are likely to endanger or unduly compromise security in and around the stadium as well as other attendees, players and/or officials.
d) It is prohibited to carry and/or use the following items: Racist, xenophobic and/or right-wing or left-wing extremist propaganda material, political or religious objects of any kind, including banners, signs, symbols and leaflets, if there is reason to believe that they are being improperly displayed in the stadium. Irrespective of the objects carried, the utterance or dissemination of inhuman, racist, xenophobic, extremist, obscene, offensive, provocatively, insulting and/or left-wing or right-wing extremist slogans and corresponding actions are prohibited in the entire stadium area.
e) Visiting the stadium for the purpose of media coverage of the event (television, radio, Internet, print, photo) and/or the collection of match data is only permitted with the club's consent and in the areas specially designated for these purposes. It is not permitted to record or collect sounds, photos and/or images, descriptions or results or data of the event without the consent of the Club, unless this is done exclusively for private, non-commercial use. Any commercial use, regardless of how and by whom, requires the written consent of the Club. In any case, it is prohibited to transmit image, sound and/or video recordings live or time-shifted without the consent of the Club and/or to reproduce them publicly on the Internet, in particular on social media platforms and/or apps, and/or other media (including mobile devices such as smartphones, tablets etc.) and/or to support other persons in such activities. Devices or equipment that are used for such activities in accordance with their intended purpose may not be brought into the stadium without the consent of the Club or a third party authorised by the Club. The club points out that DFL Deutsche Fußball Liga GmbH ("DFL GmbH"), the German Football Association ("DFB") and the Union of European Football Associations ("UEFA") are entitled to delete or have deleted recordings transmitted and/or publicly played in violation of this provision. Furthermore, the club points out that DFL GmbH, the DFB and/or the UEFA may be authorised to assert further claims of the club against the viewer in their own name in and out of court.
f) Actions that lead to a direct or indirect commercial association with the club, the DFL Deutsche Fußball Liga e.V. ("DFL e.V."), DFL GmbH, DFB, UEFA, the event or parts thereof are prohibited in the entire stadium area without the written consent of the club or third parties authorised by the club. In particular, the following is prohibited in the stadium area...
(i) create or attempt to create such an association through the unauthorised use of logos or other symbols,
(ii) carry out targeted commercial advertising of any kind, e.g. to distribute advertising brochures or other written information concerning a business, an item or a service,
(iii) offer, sell or carry with the intention of selling, drinks, food, souvenirs, clothing or other items or services,
g) Notwithstanding the above regulations, the carrying of the following items throughout the stadium area is only permitted with the consent of the Club: flag and banner poles longer than 1.5 m and/or larger than 3 cm in diameter, double holders, banners, banners, flags and banners with a surface area of more than 2 m2 , mechanically or electrically operated noise instruments and/or devices for amplifying noise and/or speech.
Reference is also made to the Stadium Rules with regard to further details and specification of bans and sanctions [cf. no. 9 (1) ATGB].
9.8 Video surveillance: In order to guarantee and optimise stadium security and to support the work of the law enforcement and criminal prosecution authorities, the stadium and, to some extent, the area surrounding the stadium is video-monitored in accordance with Art. 6 (1) sentence 1 f) DSGVO in conjunction with Art. 4 of the Federal Data Protection Act ("BDSG"). In addition, on match days, the public order and criminal prosecution authorities will also use video surveillance systems under their own jurisdiction for the purpose of averting danger and prosecution in accordance with the legal provisions applicable in the Federal Republic of Germany. Such recordings made by means of a video surveillance system shall be treated confidentially by the Club or by the law enforcement and criminal prosecution authorities, but may be used as evidence, particularly in the event of suspicion of and/or the occurrence of criminal offences. The same shall apply with regard to the image and sound recordings made pursuant to Clause 10, which are transmitted to authorities or courts for these purposes by the Club or the respective association responsible pursuant to Clause 10.3 upon request pursuant to Art. 6 para. 1 sentence 1 c) or f) DSGVO. In the event of an uneventful performance of an event recorded by means of a video surveillance system, the recordings shall be deleted in compliance with the data protection provisions applicable in the Federal Republic of Germany, in particular the DSGVO and the BDSG.
9.9 Sanctions for prohibited behaviour: In the event of violations of the provisions in Clause 9.7, actions pursuant to §§ 3, 27 of the Versammlungsgesetz ("VersG"), participation in event-related criminal offences and/or acts of violence inside or outside the stadium, the Club may, in addition to the direct measures in Clause 9.7, impose the sanctions listed there against the customer or Ticket Holder concerned in accordance with the provisions in Clause 8.5 and/or Clause 6.3.
9.10 Stadium bans: In the event of violations of the provisions in Clause 11.7, actions pursuant to §§ 3, 27 VersG, participation in event-related criminal offences and/or acts of violence inside or outside the stadium, a stadium ban limited to the stadium, in particularly serious cases also a stadium ban effective throughout Germany, may be imposed in addition to the direct sanctions pursuant to Clause 9.7 and the sanctions pursuant to Clause 9.8 and without prejudice to further consequences under criminal and civil law. In this context, the DFB guideline on the uniform treatment of stadium bans, as amended, applies (https://www.dfb.de/verbandsservice/pinnwand/stadionverbots-richtlinien/). The ban will be communicated to the parties concerned in writing. The processing of personal data in connection with stadium bans is always carried out in accordance with the provisions applicable in the Federal Republic of Germany, in particular the DSGVO and the BDSG. The Club reserves the right to pass on customer data to the DFB to enforce stadium bans in accordance with Art. 6 Para. 1 S. 1 e) DSGVO, insofar as this is necessary to ensure public safety and security in the stadium.
9.11 Recourse: For infringements of the regulations in Clause 9.7 by individual or several spectators, in particular for burning Bengal fires, the use of other pyrotechnic articles and/or throwing objects, the club, and in the case of corresponding infringements by fans of the host club also the host club, may be fined or otherwise sanctioned by the relevant associations (DFL GmbH, DFL e.V., DFB, UEFA). The club or the visiting club is entitled to claim full recourse against the person(s) verifiably identified as being responsible for the sanction in accordance with the provisions of the highest court of law. In the event that several persons are responsible, they are joint and several debtors within the meaning of § 421 BGB. As a result, the club or the guest club can claim against a demonstrably identified person responsible for the entire damage resulting from the sanction for the club or the guest club, if there was a causal connection between the contributions of all responsible persons.
In addition, the Organiser reserves the right to deny entry to the stadium or to expel persons who violate these provisions without reimbursement of the ticket price, to exclude them from purchasing tickets in the future, to issue a stadium ban against them, to transfer their stored data to other Organisers and/or to initiate further civil and/or criminal proceedings.
10. Recordings of spectators at events: For the purpose of public reporting on the event and the competition and for its promotion, the Club and the relevant association as per Clause 10.3 or third parties commissioned or otherwise authorised by them (e.g. radio, press) as per Art. 6 para. 1 sentence 1 f) DSGVO may independently produce image and sound recordings which may show the Ticket Holder as a spectator of the event in question. These image and sound recordings may be processed, utilised and publicly reproduced by the Club and the association responsible pursuant to Clause 10.3 and the companies affiliated with them pursuant to Section 15 of the German Stock Corporation Act (AktG) as well as third parties authorised by them (e.g. radio, press) pursuant to Art. 6 (1) sentence 1 f) DSGVO.
Purchase of tickets for additional people: If a Customer purchases Tickets not only for him/herself but for other persons (Ticket Holders), the Customer must ensure that the contents of this Clause 10 and Clause 15 are forwarded to the relevant Ticket Holder; the provisions on the permissibility of forwarding in accordance with Clauses 8.2 and 8.3 remain unaffected.
Responsible Associations: The following associations are responsible for the organisation of the sporting competitions in which the Club participates:
a) Bundesliga und Bundesliga 2: DFL e.V. headquartered in Guiollettstraße 44-46, D-60325 Frankfurt am Main, whose operational business is conducted by DFL GmbH, headquartered at Guiollettstraße 44-46, D-60325 Frankfurt am Main;
b) DFB-Pokal: DFB, headquartered in Otto-Fleck-Schneise 6, D-60528 Frankfurt/Main; and
c) UEFA Champions League and UEFA Europa League: UEFA, headquarter in Route de Genève 46, CH-1260 Nyon.
11. Contractual penalty
Requirements: In the event of a culpable violation of these GTC by the customer, in particular of one or more provisions in clause 10.2 - in particular clause 10.2 lit. a) and b) - or clause 11.7, the Club shall be entitled, in addition to the other measures and sanctions possible under these GTC and without prejudice to any further claims for damages (in particular also without prejudice to any recourse measures in accordance with clause 11.10 or provisions under tort law), to impose a reasonable contractual penalty of up to €2,500.00 on the customer for each individual case.
Amount: The amount of the contractual penalty shall be determined in particular by the number and intensity of the infringements, the type and degree of fault (intentional or negligent), efforts and successes of the customer or ticket holder with regard to compensation for damages, the question of whether and to what extent a repeat offender is involved and, in the case of unauthorised resale of tickets, the number of tickets offered, sold, passed on or used as well as any revenues or profits generated by the resale.
12. Payment of additional proceeds
Requirements: In the event of an inadmissible passing on of tickets pursuant to Clause 8.2 a) and/or Clause 8.2 b) by the Customer, the Club shall be entitled, in addition to imposing a contractual penalty pursuant to Clause 11 and in addition to the other sanctions possible under these General Terms and Conditions of Business, to have all or part of the additional proceeds or winnings obtained by the Customer from the inadmissible passing on of tickets paid out by the Club.
Amount and use: Decisive for the question whether and to what extent the additional proceeds must be paid out are the criteria mentioned in clause 9.2. The club will use the surplus proceeds or profits collected for social purposes (e.g. to promote youth football and/or the "Leuchte auf" foundation).
Visitors shall enter and remain in the stadium at their own risk, particularly with regard to any infection with Covid-19 pathogens or comparable infections. The Club, its legal representatives and/or vicarious agents are only liable for damages, regardless of the legal basis, in the event of intent or gross negligence or - then limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract - in the event of breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies. This limitation of liability shall not apply to claims for damages due to injury to life, body or health or due to other legally binding liability circumstances.
Ticket orders, queries and all matters relating to Club tickets can be directed to the Club using the following contact details:
Borussia Dortmund GmbH & Co. KGaA,
- Ticketing –
Telefon: +49 231 9020-0
Fax: + 49 231 / 9020-109
Reference is made to Section 16.5 GTC with regard to consumer disputes.
15. Data Protection
Unless specifically stated otherwise in the GTC (such as, for example, in Clause 9.8 on video surveillance and in Clause 10 on recordings of spectators at the events), the processing of personal data of the Customer and/or the Ticket Holder is carried out on the one hand for the fulfilment of a contract between the Club and the Customer/Ticket Holder or between the Customer and the Ticket Holder in accordance with Art. 6 para. 1 sentence 1 b) DSGVO. On the other hand, the processing of personal data of the customer and/or the Ticket Holder is carried out in order to safeguard legitimate interests of the Club as well as on the basis of Covid-19 arising from a legal obligation of the Club towards DFL Deutsche Fussball Liga GmbH in accordance with Art. 3 No. 9a of the Laws of the Game (Art. 6 para. 1 lit. c) DSGVO). The legitimate interests are set out in Clause 8.1. The further data protection provisions including the rights of the Ticket Holder under the DSGVO and the contact details of the Club's data protection officer can be found in the data protection declaration available at https://www.bvb.de/Tickets/Infos-AGBs/datenschutz. With regard to the production and distribution of image and sound recordings of the Club's events (see Item 10), reference is also made to the data protection declaration of the relevant association, for the DFL e.V. at https://www.dfl.de/de/datenschutz/ and for the DFB at https://www.dfb.de/datenschutzerklaerung/ and for UEFA at https://www.uefa.com/privacypolicy/.
16. Applicable law, place of fulfillment, place of jurisdiction
Choice of law: The mandatory legal provisions of the country in which the customer usually resides shall apply. In all other respects German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Place of fulfilment: The sole place of fulfilment for delivery, performance and payment shall be the registered office of the Club.
Place of jurisdiction: The place of jurisdiction for all disputes arising from or in connection with these GTC and/or their validity or legal transactions based on these GTC shall be the registered office of the Club, unless the customer is a consumer.
Language: In the event of difficulties of interpretation between the German version and any English version of these GTC, the German version shall apply.
EU Dispute Settlement / Dispute Resolution under the Consumer Dispute Resolution Act: The European Commission provides a platform for Online Dispute Resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for the settlement of their out-of-court consumer disputes. Please note that we are neither willing nor obliged to participate in dispute resolution procedures before a consumer dispute resolution body.
17. Additions and changes
In the event of a change in market conditions and/or in the legal situation and/or in the case law and/or in the highest court jurisdiction, the Club is entitled to supplement and/or amend these GTC and/or the price list with a reasonable period of time in advance, provided this is reasonable for the customer. The customer will be notified of the respective changes in writing or - if the customer has agreed to this form of correspondence - by email. The amendments and/or changes shall be deemed to be approved if the Customer has not objected to the amendments and/or changes in writing or by e-mail within a period of 4 weeks after receipt of the amendments and/or changes, provided that the Club has expressly referred to this fiction of approval in the notice of amendment. Any objection by the customer shall be sent to the contact address.
18. Final clause
Should individual clauses of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining clauses or the remaining parts of such clauses. The parties shall replace an invalid provision with a provision that comes closest to the economic purpose of the invalid provision. The same shall also apply accordingly to any loophole in these GTC.
Borussia Dortmund GmbH & Co. KGaA
Borussia Dortmund Geschäftsführungs-GmbH