General Terms and Conditions (GTC) These General Terms and Conditions (hereinafter “GTC”) apply to all services offered by Indeventuell by Bibicaj (hereinafter “Event Ticketing”). By using the services of Event Ticketing, you accept the following conditions unchanged and in full.

  • 1.1 General The subject of these GTC is the use of services that Event Ticketing provides to ticket purchasers via the following sales channels: websites such as www.event-ticketing.com, and partner websites provided by Event Ticketing (hereinafter “Webshop”), the various mobile applications of Event Ticketing (“Mobile Application”), the order hotline operated by and for Event Ticketing, and the advance sale points operated by third parties (Webshop, Mobile Applications, order hotline, and advance sale points, hereinafter “Sales Channels”) or also additional sales channels in the future. Consent to these GTC is given by using the respective services. The ticket purchaser may be asked to repeat their consent to the GTC by clicking on an appropriate confirmation box when using individual services from Event Ticketing. The use of personal data is governed by the privacy policy. The privacy policy is an integral and binding part of these GTC.
  • 1.2 Ticketing Event Ticketing operates a ticket distribution organization. Ticket purchasers (hereinafter “Ticket Buyers”) can obtain tickets for events (hereinafter “Event”) and tickets for admissions, visits, and other services in the leisure sector (mountain railways, event venues, gastronomy businesses, leisure and cultural institutions, etc.) (hereinafter “Operation”) through various sales channels (Sec. 1.1). Event Ticketing enables the direct conclusion of contracts for attending the event or the operation between organizers or operators (hereinafter “Organizer” and “Operator”) and the ticket purchaser.

2.1 Services

o 2.1.1 The conditions accessible through the sales channels of Event Ticketing apply to all services. Event Ticketing may change the range of services at any time or discontinue the provision of services.

o 2.1.2 Through the sales channels, Event Ticketing facilitates the conclusion of contracts between the ticket buyer and the organizer or operator. By ordering tickets, the ticket buyer authorizes Event Ticketing to process the ticket purchase including dispatch. Event Ticketing acts as an agent for the respective organizer or operator. The purchase of the ticket constitutes a contract for attending the event or operation exclusively between the ticket buyer and the organizer or operator, based on these GTC and the conditions and GTC of the organizer or operator.

o 2.1.3 When using services and products from partner companies of Event Ticketing, the ticket buyer accepts the applicable general terms and conditions and/or terms of use of these partner companies.

  • 2.2 Conclusion of Contract

o 2.2.1 Order by the Ticket Buyer The overview of available tickets provided at the sales channels is merely an invitation for the ticket buyer to make an offer. The ticket buyer makes their selection via the respective sales channel. The selection made is displayed in the shopping cart (Webshop and Mobile Application) or communicated to the ticket buyer (telephone order and advance sale point). By confirming the order, the ticket buyer submits their binding offer to purchase the selected tickets. The ticket buyer is obligated to provide all necessary information completely and accurately during the ordering process.

o 2.2.3 Order Confirmation When ordering via the Webshop, the Mobile Application, or if the customer provides their email address via the order hotline, the ticket buyer receives an order confirmation by email or SMS after completing the order process. This expressly does not constitute acceptance of the offer by Event Ticketing.

o 2.2.4 Acceptance by Event Ticketing on Behalf and by Order of the Organizer or Operator The contract for the purchase of a ticket for attending the event or operation between the ticket buyer and the organizer or operator only comes into effect when the tickets are shipped, made available, or handed over to the ticket buyer, or when Event Ticketing activates the admission authorization. The shipping, making available, handing over, or activation only takes place after the buyer’s payment has been received by Event Ticketing or the advance sale point, regardless of the payment method.

o 2.2.5 Personalized Tickets The organizer or operator is entitled to personalize tickets. This can include printing the details of the entitled person on the ticket or linking them electronically. Only the person named on the ticket or linked electronically is granted access to the booked event or operation. If a buyer purchases tickets for multiple persons, they must ensure that the details of all persons are provided completely and truthfully.

  • 2.3 Delivery of Tickets

o 2.3.1 General

  • 2.3.1.1 The choice of delivery method is at the discretion of the organizer or operator. Delivery or shipment of the ticket can be done in particular in paper form to the postal address provided by the ticket buyer, via email with a download link to the PDF file of the print@home ticket (both barcode and QR code; hereinafter “print@home ticket”), as a mobile ticket via SMS to the provided mobile number (hereinafter “mobile ticket”), or in the mobile application by activating a ticket card (Sec. 2.10), or in paper form by handover at the advance sale point (hereinafter collectively “tickets”).
  • 2.3.1.2 The ticket buyer is obligated to inspect the tickets immediately upon receipt. In the case of personalized tickets, the ticket seller is particularly obligated to check whether the personalized details are correctly reproduced. Any damages to the tickets or discrepancies between the tickets delivered by mail or electronically and the tickets ordered must be reported by the ticket buyer to Event Ticketing within 3 working days. If the ticket buyer fails to do this, the delivered tickets are deemed approved (Art. 201 CO).
  • 2.3.1.3 Benefit and risk transfer to the ticket buyer at the moment of dispatch at the seat of Event Ticketing (Art. 74 Para. 2 No. 2 CO). The ticket buyer is responsible for the safekeeping of the tickets until the event. Replacement of damaged or lost tickets is excluded, subject to Sec.

o 2.3.2 Electronic Delivery for print@home Tickets

  • 2.3.2.1 The print@home ticket, accessible via the link provided with the order confirmation after payment has been received, is printed by the ticket buyer in unaltered size using a suitable printer on white DIN A4 paper. The ticket buyer acknowledges that it is their responsibility and risk to have all the necessary technical facilities required for receiving and printing the print@home ticket.
  • 2.3.2.2 The printed print@home ticket must be carefully preserved until the event visit and must not show any damage, contamination, or other impairments, especially in the area of the machine-readable barcode or QR code, which could prevent or hinder entry control. If the print@home ticket shows such damage, contamination, or impairments, there is no right to admission to the event and/or to a refund of the fee paid by the ticket buyer.
  • 2.3.2.3 For each ticket purchased, the ticket buyer receives only one admission entitlement. Any duplication, copy, alteration, or imitation of the print@home ticket and any electronic redistribution of the corresponding PDF file is expressly prohibited. However, in the event of loss or damage to the print@home ticket, the ticket buyer may reprint the print@home ticket, being aware of the possibility of being denied access to the event under the circumstances described in Sec. 2.3.2.4. The damaged print@home ticket must be destroyed immediately. If the ticket buyer has already deleted the PDF file at the time of loss or damage, they can reprint the ticket via their online account or contact Event Ticketing hotline. Event Ticketing will then resend the PDF file to the ticket buyer. Event Ticketing reserves the right to limit the number of re-deliveries. The ticket buyer is aware that blocking the print@home ticket is not possible. The regulation according to Sec. 2.3.2.4 applies in this case as well.
  • 2.3.2.4 The organizer may deny access to the event if multiple prints, duplications, copies, or imitations of a print@home ticket are in circulation and access to the event has already been granted to a holder of a print, copy, or imitation of the respective print@home ticket. The organizer is not obliged to check the identity of the ticket holder with the ticket buyer or the authenticity of the print@home ticket. If a holder of a print@home ticket is denied access to the event for this reason, there is no right to a refund of the fee.

For mobile tickets:

  • Delivery Method: After payment is processed, mobile tickets are delivered via a message to the phone number provided by the purchaser. Depending on the mobile device model, this ticket can appear as a link or an image in the message.
  • Purchaser’s Responsibility: It’s the purchaser’s responsibility to have all necessary technical means to receive or access the mobile ticket. In case of loss of access to the ticket or damage to the mobile device, the purchaser can request the mobile ticket to be resent or made available again through their online account. Event Ticketing reserves the right to limit the number of times a ticket can be resent. If the limit is reached, contact with Event Ticketing’s hotline is necessary.
  • Requirement for Entry: Presenting the mobile ticket is mandatory for entry to the event or operation.

On Ticket Resale:

  • Prohibition: The resale of tickets for commercial or business purposes is strictly prohibited, as is purchasing tickets with the intent to resell them commercially. Violations can result in the loss of entitlements associated with the purchased tickets, claims for damages, and profits obtained through such actions against the original purchaser and subsequent ticket buyers. Individuals who breach these terms may be barred from ticket purchases and returns. In cases of suspected violations, Event Ticketing reserves the right to cancel orders and charge a handling fee to the original purchaser.
  • Recommended Platform: For reselling tickets, Event Ticketing recommends using the official resale platform www.fansale.ch. Event Ticketing or the event organizer/operator assumes no liability for tickets sold on other platforms. Tickets acquired invalidly do not grant entry to the event or operation, and neither Event Ticketing nor the organizer/operator is responsible for refunds or liabilities in such cases.

On Advertising and Raffles:

  • Restrictions: Without prior explicit consent from the event organizer or operator, tickets, member packages, or member tickets may not be used in advertising targeted at the general public or for raffles.

On Pricing:

  • Inclusion of Taxes: Prices for tickets available or communicated through sales channels include VAT (if applicable).
  • Price Composition: The price displayed in the webshop and mobile application includes the organizer/operator’s ticket price plus any service fees, excluding potential payment and delivery fees. At advance sale points, the price includes the organizer’s ticket price excluding the sale point’s order fees. Fees applicable to each sales channel, delivery method, and/or payment method are displayed during the ordering process or communicated to the purchaser.
  • 7 Payment
  • 7.1 Purchase at Presale Points
  • When purchasing the ticket at presale points, the respective partner company of Event Ticketing, operating the presale point, determines the allowed payment methods.
  • 7.2 Telephone or Online Order
  • For telephone and online orders, payment is made either by charging the credit card specified during the ordering process or stored in the online account, PostFinance, TWINT, or by prepayment only for ticket buyers residing in Switzerland or the Principality of Liechtenstein. For payments by prepayment, payment must be made within 5 working days from the order date. The date of the payment order is decisive for adherence to the deadline. It is at the discretion of Event Ticketing to decide which payment methods are allowed and if/when tickets not paid for on time may be put back on sale.
  • 8 Returns, Refunds, Rewriting, and Exchange
  • 8.1 General
  • The event organizer or operator is the responsible contractual partner for the ticket buyer for conducting the visit to the event or operation or for providing the service associated with the ticket, mediated through Event Ticketing. Therefore, the organizer or operator alone decides about the possibility, conditions, and processing of a return and refund or an exchange of purchased tickets for events or operations, not Event Ticketing. This sole decision-making authority also applies in cases of force majeure (see below section IX).
  • 8.2 Rewriting Personalized Tickets to Another Person
  • The organizer or operator alone decides whether and under what conditions personalized tickets can be rewritten for another person. If rewriting is allowed, only the original buyer can have tickets rewritten.
  • 8.3 Cancellation of an Event or Closure of an Operation
  • If an event is canceled without replacement (including the cancellation or postponement of part of a series of events or individual performances) or if an operation is completely or partially closed, no more ticket buyers can be received, and tickets will be refunded according to section 2.8.6 on the instructions of the organizer or operator. A cancellation of an event or the closure of an operation is considered irrespective of the duration of the closure and the specific reason for the closure or cancellation of the event.
  • 8.4 Specifics for Postponement of an Event or Event Location
  • If an organizer decides to postpone an event or move an event location, the ticket applies to the rescheduled date or the new event location, regardless of the reasons for the postponement. This also applies in the case of multiple postponements or relocations. It is at the organizer’s discretion to decide whether tickets can be returned, refunded, or exchanged. A postponement is considered any change in the event date and/or location, regardless of whether the event is held on the new date with the same content, the same artists or teams, or with characteristics and criteria different from the original event.
  • 8.6 Processing of Returns and Refunds
  • 8.6.1
  • If the organizer or operator agrees to a return and refund of the tickets and the processing according to this section 2.8.6, it will be done according to the following provisions. Otherwise, the ticket buyer must directly contact the organizer or operator.
  • 8.6.2
  • Event Ticketing typically processes refunds on the organizer’s instructions usually within 30 days after the event date printed on the ticket. The current ticket holder is entitled to a refund. Ticket holders who ordered their tickets directly online or by phone through Event Ticketing must enter the barcodes of the affected tickets into the refund form provided by Event Ticketing. Ticket holders who did not purchase their tickets directly through Event Ticketing are advised to contact Event Ticketing. They will receive an alternative link for the refund. Filling out the refund form and the information entered are the sole responsibility of the ticket buyer; Event Ticketing assumes no liability. Physical tickets do not need to be sent to Event Ticketing. Important: The physical tickets must be kept until the ticket price is refunded. Event Ticketing is entitled to demand the submission of physical tickets at any time. After receiving the ticket price, physical tickets must be destroyed. With the refund of the ticket price, the ticket buyer or any subsequent ticket purchaser waives any claims against Event Ticketing. Tickets purchased through a presale point of Event Ticketing must always be submitted in physical form for a refund at the respective presale point. Event Ticketing or the presale points only refund the ticket price if they have sufficient coverage from the organizer for the refund of all tickets for the canceled event. Service fees, payment method fees, shipping fees, and any other processing fees and insurance fees for ticket sales are not refunded. After 30 days from the event date printed on the ticket or if Event Ticketing or the presale points do not have sufficient coverage from the organizer for the refund of all tickets for the canceled event, ticket buyers must contact the organizer directly. The organizer then decides on the further processing of the return and refund of the tickets.
  • 8.6.3
  • If an operator’s operation is closed, all tickets affected by the closure of the operation within 30 days after the original validity date of the ticket are canceled by Event Ticketing. The tickets are not valid as of the date of closure and do not entitle entry to the operator’s premises. Event Ticketing only refunds the ticket price if it has sufficient coverage from the operator for the refund of all tickets per closed day of operation. Service fees, payment method fees, shipping fees, and any other processing fees and insurance fees for ticket sales are not refunded. After 30 days from the original validity date of the ticket or if Event Ticketing does not have sufficient coverage from the operator for the refund of all tickets per closed day of operation, ticket buyers must contact the operator directly. The operator then decides on the processing of the return and refund of the tickets.
  • 8.6.4
  • If the organizer agrees to a return and refund of the tickets and the event was postponed or canceled, a fee for the sales and refund processing may be deducted from the gross ticket price, amounting to CHF 5 or 10% of the gross ticket price.
  • 8.6.5
  • For payments made by credit card, TWINT, or PostFinance, Event Ticketing generally credits the respective amount back to the card or account used for the ticket purchase or to the bank or post account specified by the ticket holder, within four weeks in the event of a refund. For payments made by prepayment, the amount is credited to the bank or post account specified by the ticket holder. For this, Event Ticketing requires the following information: bank/post connection (name, location), bank’s clearing number, IBAN, account number, and account holder (name, first name).

2.9 Duties of the Ticket Purchaser When Attending the Event or Establishment

2.9.1

By purchasing a ticket or availing of the services of the organizer or operator, the ticket purchaser additionally accepts the general terms and conditions, terms of use, or contract conditions of the organizer or operator, in addition to these GTC. These are available from the respective organizer or operator.

2.9.2

With the purchase of the ticket, the ticket purchaser acknowledges the security, access, age, and other operational regulations of the respective organizer or operator, as well as any requirements for entry eligibility prescribed by the authorities. The ticket purchaser is responsible for complying with these regulations and acknowledges that non-compliance may result in expulsion from the event or establishment without compensation. In this case, there is no right to return the tickets. The applicable regulations are available from the respective organizer or operator.

2.9.3

If tickets are issued personalized, only the person named on the ticket will be admitted to the event or establishment. The security personnel is entitled to check this on-site. For this, the ticket holder must be able to identify themselves with a personal ID. If the name on the ticket does not match the name on the ID or if the name on the ticket is not legible, entry may be denied without replacement and without any claim to a financial refund.

2.11 Vouchers

2.11.1

Ticket purchasers can also buy vouchers from certain organizers or operators through the sales channels. Event Ticketing solely facilitates the direct conclusion of contracts between the ticket purchaser and the organizer or operator. The contract for the purchase of vouchers is exclusively between the ticket purchaser and the organizer or operator. The general terms and conditions of the organizer or operator regarding the use and validity of the vouchers apply.

2.11.2

Event Ticketing assumes no responsibility for whether, when, and to what extent services of the organizer or operator can be obtained using vouchers. Event Ticketing does not assume any liability or guarantee in this regard. In particular, the return of vouchers or a refund of the ticket gross sales price at Event Ticketing or Event Ticketing pre-sale points is completely excluded due to non-fulfillment of service promises by the organizer or operator or due to bankruptcy of the organizer or operator. If bankruptcy is declared over an organizer or operator, voucher purchasers can only assert their possible claims at the responsible bankruptcy office.

3.1 Services

The specific services provided by organizers and operators are visible on their respective websites and mobile applications.

3.2 Conclusion of Contract

Event Ticketing enables direct contract conclusion between the organizer or operator and the user for additional services such as reservations. The direct conclusion of contracts for these services occurs exclusively between the organizer or operator and the user, based on these GTC and the terms and conditions of the organizer or operator. By availing of the services of the organizer or operator, the user additionally accepts the general terms and conditions, terms of use, or contract conditions of the organizer or operator. These are available from the respective organizer or operator. The opportunity to make a reservation or to register for a waiting list is merely an invitation to make an offer for the user. By confirming the reservation or registering for a waiting list, the user submits a binding offer to the organizer or operator.

  1. Responsibilities of the Ticket Purchaser and the User
  • Both the ticket purchaser and the user are responsible for:
  • Ensuring an internet connection required to use the services of Event Ticketing.
  • In case they use a mobile application, they are responsible for using the most current version of the mobile application.
  • Complying with up-to-date security regulations.
  • Keeping access data and passwords confidential. The ticket purchaser and the user are responsible for any use of the access data and passwords and all actions performed in connection with the use of the online account and user account. Should an unauthorized third party gain actual or potential access to the access data, including passwords of the online account and user account, the ticket purchaser and the user are obliged to inform Event Ticketing immediately.
  • Using the services of Event Ticketing only within the legally permitted framework.
  • Refraining from any actions that could impair or potentially impair the operation of the webshops, mobile applications, or websites.

7 Liability

  • 7.1 Liability of Event Ticketing
    • 7.1.1 For violations of its own contractual obligations under these Terms and Conditions, Event Ticketing is liable to the ticket purchaser and/or user without limitation for direct and proven damages caused by Event Ticketing through unlawful intent or gross negligence.
    • 7.1.2 Liability for slight negligence as well as for indirect damages or consequential damages is expressly excluded. Consequential damages include, in particular, lost profits, reputational damage, and data loss due to temporary impairments or interruptions in the availability of Event Ticketing’s services, as well as due to the failure of sales channels. Consequential damages also specifically include lost profits, reputational damage, and data loss due to transmission errors, untimely delivery of tickets, reservations or registrations for waiting lists, as well as due to incorrect price or performance information and errors in booking confirmations. Any liability of Event Ticketing for content on websites of organizers or operators and other third parties that refer to the webshops, mobile applications, and websites of Event Ticketing or to which the webshops, mobile applications, and websites of Event Ticketing refer is also excluded. To the extent legally permissible, any liability of Event Ticketing for auxiliary persons is excluded.
    • 7.1.4 Event Ticketing cannot control the completeness, correctness, and legality of the tickets and services of the organizer or operator distributed by Event Ticketing on behalf and by order of the organizer or operator and is not responsible for this.
    • 7.1.5 Event Ticketing cannot verify whether the organizer or operator fulfills its obligations from or in connection with the contract between him and the respective ticket purchaser correctly and completely. Likewise, Event Ticketing cannot verify whether the organizer or operator fulfills its obligations from or in connection with the contract between him and the respective user correctly and completely. For contractual violations such as inadequate organization of operations or execution of the event, wrongful cancellation of events, wrongful closure of operations, poor quality of services, and violation of the duties of the ticket purchaser when attending the event or operation, only the organizer or operator or the ticket purchaser is liable, but in no case Event Ticketing. This exclusion of liability also applies to quasi-contractual and extra-contractual claims arising from the handling of the contract, in particular the use of organizer or operator services between the ticket purchaser and the organizer or operator. Similarly, this exclusion of liability also applies to quasi-contractual and extra-contractual claims arising from the handling of the contract between the organizer or operator and the user.
    • 7.1.6 The aforementioned exclusions and limitations of liability of Event Ticketing do not apply in the case of culpable injury to life, body, and health caused directly by Event Ticketing, as well as in the case of mandatory legal provisions, including the provisions of the Product Liability Act.
  • 7.2 Liability of the Ticket Purchaser
    • 7.2.1 The ticket purchaser is liable to Event Ticketing without limitation for damages caused by unlawful intent or negligence. The ticket purchaser indemnifies Event Ticketing fully against all third-party claims that may arise from a breach of duty by the ticket purchaser or violation of these Terms and Conditions.
    • 7.2.2 The ticket purchaser is obliged to compensate Event Ticketing for any expenses incurred in connection with the unauthorized use or misuse of the ticket purchaser’s password and/or with careless, unauthorized, or abusive use of the Membercard or Ticketcard (Sec. 2.10). The ticket purchaser of print@home and mobile tickets as well as Event Ticketing.Pass access entitlements is also obliged to compensate the organizer or operator and Event Ticketing for any damage arising in connection with the unauthorized use of additional or modified prints, reproductions, copies, or imitations.
  • 7.3 Liability of the User The user is liable to Event Ticketing without limitation for damages caused by unlawful intent or negligence. The user indemnifies Event Ticketing fully against all third-party claims that may arise from the use of Event Ticketing’s services or may arise from the user violating these Terms and Conditions.

8 Force Majeure

  • Should the event or operation be cancelled or postponed by the organizer due to a health crisis (e.g., epidemic or pandemic, regardless of the number of previous outbreaks) or similar force majeure (i.e., an external, unforeseeable event that cannot be prevented or not timely prevented even with the application of reasonably expected care and technically and economically reasonable means, such as natural disasters, terrorist attacks, failure of telecommunications connections, strike, governmental or non-governmental measures, etc.), the contract between the ticket purchaser and the organizer or operator remains valid. The organizer or operator decides independently about the consequences of the cancellation or postponement of the event or operation (e.g., refund, validity of tickets for a later date). The ticket purchaser or user must contact the organizer or operator directly for this purpose. Event Ticketing is not responsible for the refund of the ticket price, fees, or other costs.

 

Rheinfelden , 14.03.2024