1. Scope of Application, Contractual Relationships
1.1 These general Terms and Conditions (“Ticketing & Hospitality GTC”) shall apply to the brokerage of admission tickets for motorsport events organized by third parties in combination with the sale of admission tickets to the AMG Hospitality Lounge during a zet;motion event („Hospitality“) to the purchaser and/or the use of the tickets by the respective ticket holder (hereinafter collectively referred to as the “Ticket Purchaser”). These Ticketing & Hospitality GTC shall not apply to the provision of travel services and events and/or to the brokerage of travel services; our General Terms and Conditions for the Provision of Travel Services and Events and for the Brokerage of Travel Services shall apply in these cases.
1.2 Ticketing: zet:motion. GmbH itself is not the organizer of the offered events. This shall be performed by the actual organizer who issues the tickets. Through the purchase of an admission ticket to the event, an exclusive contractual relationship arises between the Ticket Purchaser and the respective event organizer. Potentially the organizer’s own general terms and conditions shall apply to these legal relationships. zet:motion shall distribute the tickets on behalf of the respective organizer as its agent or commission agent, unless, in individual cases, it is expressly identified as the event organizer.
The rights and obligations of the Ticket Purchaser towards the respective event organizer shall be exclusively in accordance with the agreements made with that event organizer, in particular – insofar as it has been effectively agreed – its general terms and conditions. All claims by the Ticket Purchaser that relate to the event, its organization, or in connection with attendance at the event, shall be asserted exclusively against the respective event organizer. This shall apply in particular to claims in connection with the cancellation or rescheduling of events or other program changes.
With regard to the sale of tickets, the item purchased is the right of the Ticket Purchaser to participate in the event held by the event organizer, which is embodied in the entrance ticket (so-called “small bearer paper” within the meaning of Sec. 807 German Civil Code). zet:motion. GmbH is obligated to confer this right to participate in the event being held by the organizer by transferring the ownership and possession of the admission ticket evidencing this right.
1.3 Hospitality: the admission ticket for the AMG Hospitality Lounge shall be sold by zet:motion. GmbH directly in its own name. In this respect, a contractual agreement arises between the Ticket Purchaser and zet:motion. GmbH.
With regard to the Hospitality, the item purchased is the right of the Ticket Purchaser to access the AMG Hospitality Lounge during the event held by the event organizer. The right to access the AMG Hospitality Lounge shall be embodied in an admission ticket (so-called “small bearer paper” within the meaning of Sec. 807 German Civil Code). zet:motion. GmbH is obligated to confer the right to access of the AMG Hospitality Lounge during the event being held by the organizer by transferring the ownership and possession of the admission ticket evidencing this right.
1.4 When visiting an event, the Ticket Purchaser shall be subject to the spectator, visitor or house rules posted in each case.
2. Conclusion of Contract
2.1 The zet:motion. GmbH ticket shop and other advertising and notices made by zet:motion. GmbH do not serve as an offer to enter into a contract, but serve as an invitation for the Ticket Purchaser to submit an offer.
2.2 Tickets for Ticketing & Hospitality shall only be available by ordering through the zet:motion. GmbH website (https://amg.zet-motion.de). By clicking the button "Order with obligation to pay" in the ticket shop, the Ticket Purchaser makes a legally binding offer to purchase the items in its shopping cart. The contract is concluded when the order confirmation is transmitted by zet:motion. GmbH.
2.3 The tickets sales through the zet:motion.GmbH website are limited to the purchase of six (6) tickets per transaction. zet:motion.GmbH reserves the right to further limit or increase the number of tickets available per transaction for specific events.
3. No Right of Withdrawal
Even if zet:motion. GmbH offers tickets by means of distance communications within the meaning of Sec. 312c para. 2 German Civil Code (“BGB”) thereby resulting in a distance contract pursuant to Sec. 312c para. 1 BGB, the Ticket Purchaser has no right of withdrawal when purchasing tickets pursuant to Sec. 312g para. 2 no. 9 BGB. Accordingly, there is not a two-week right of revocation and return with regard to either the Ticketing or the Hospitality. Each offer or order of tickets is binding immediately after confirmation by zet:motion. GmbH and obligates the Ticket Purchaser to accept and pay for the tickets ordered.
4. Payments on Linked Travel Services
4.1 If zet:motion. GmbH facilitates linked travel services for the Ticket Purchaser, zet:motion. GmbH shall only demand and accept payment from the Ticket Purchaser if zet:motion. GmbH guarantees that these payments will be reimbursed to the Ticket Purchaser, insofar as the travel services are to be provided by zet:motion.GmbH itself or when payment claims by the facilitated service providers are still outstanding and due to the insolvency of zet:motion. GmbH, the linked travel services are cancelled or the Ticket Purchaser complies with demands for payment from service providers who have not been compensated for actual travel services rendered.
4.2 zet:motion. GmbH shall provide security for the facilitation of linked travel services by obtaining insolvency insurance in accordance with Sec. 651w Para. 3 German Civil Code (BGB), stating the name and contact details of the insurer in a clear, comprehensible and prominent manner and providing a corresponding security certificate for all payments made by the Ticket Purchaser to zet:motion. GmbH, insofar as the Ticket Purchaser does not pay the facilitated service provider directly for the linked travel services.
5. Invoicing; Due Date; SEPA direct debit mandate
5.1 Ticketing and Hospitality shall be shown separately; the Ticket Purchaser is obligated to pay separately for each service.
5.2 The purchase price for each ticket (hereinafter "Ticket Price") shall be due and payable upon conclusion of the contract.
5.3 Methods of Payment: zet:motion. GmbH, in cooperation with the payment service provider Stripe, Inc., offers the option of payment by credit card or by instant bank transfer. When paying by credit card, the Ticket Purchaser credit card will be charged upon completion of the order. When paying by instant bank transfer, the Ticket Purchaser will be automatically redirected to the payment service provider's website during the order process. zet:motion. GmbH reserves the right to exclude specific payment methods on an individual basis depending on credit reports.
5.4 If the Ticket Purchaser grants zet:motion. GmbH a SEPA direct debit mandate, the direct debit will only be collected after the invoice has been issued and the Ticket Purchaser has been notified at least one working day in advance before collection. The Ticket Purchaser shall ensure that the account is adequately covered. Costs incurred as a result of non-payment or chargeback of the direct debit shall be borne by the Ticket Purchaser, as long as the non-payment or chargeback was not caused by zet:motion. GmbH.
6. Reservation of Ownership
All tickets shall remain the property of the organizer or zet:motion. GmbH until the complete, final and unconditional Ticket Price has been paid in full. Tickets that have not been paid for do not entitle the holder to participate in the event or to access the AMG Hospitality Lounge. Any claims for damages by zet:motion. GmbH against the Ticket Purchaser shall remain unaffected.
7. Transfer of Tickets
7.1 Any commercial or business resale of the tickets is expressly prohibited. In particular, it is not permitted to (a) offer tickets for sale publicly by auction (e.g. on Ebay) or other sale, (b) offer tickets for sale or pass them on at a higher price than the Ticket Price paid, whereby a price mark-up of a maximum of 10% to compensate for transaction costs is permitted, (c) sell or pass on tickets to commercial or business resellers and/or ticket dealers, (d) use tickets or allow tickets to be used commercially without the prior written consent of zet:motion. GmbH, e.g. for purposes of a raffle, for advertising, marketing, as a promotional gift or as part of an unauthorized hospitality or travel package. The transfer of tickets without including these Ticketing & Hospitality GTC is not permitted. zet:motion. GmbH reserves the right to block any account of the Ticket Purchaser on its website, block tickets pursuant to Section 7.2 (1) herein or refuse to accept any further ticket orders. This shall also apply in cases of justified suspicion that an automated program is being used to order tickets or that this is intended. Subject to the imposition of a contractual penalty pursuant to Section 7.2 (2) herein, a violation of the provisions of this paragraph shall result in the loss of the access authorization without compensation, i.e. the ticket shall lose its validity in this case.
7.2 In case of a transfer of tickets that is inadmissible pursuant to Section 7.1 above or otherwise, zet:motion. GmbH may take the following actions:
(1) zet:motion. GmbH may block the ticket and deny the Ticket Purchaser access to the event and/or to the AMG Hospitality Lounge without compensation.
(2) zet:motion. GmbH is entitled to demand a penalty of up to € 2,500.00 per violation from the Ticket Purchaser who transferred or offered tickets in violation of Section 7.1 above, unless the violation occurred without fault. The penalty shall be determined by zet:motion. GmbH at its discretion and shall be reviewed by a competent court in the event of a dispute. Further claims for damages shall remain unaffected, whereby a contractual penalty shall be credited against any additional claims for damages.
(3) zet:motion. GmbH is entitled to demand payment from the respective Ticket Purchaser of any profit attained in the case of an unauthorized transfer of tickets pursuant to Sections 7.1 (a) and/or (b) above.
8. Distribution and Deposit of Tickets
8.1 As a rule, tickets shall be sent by mail within Germany; postage is free of charge for the Ticket Purchaser. Routinely, the tickets are delivered 14 days prior to the event. If the Ticket Purchaser does not receive the tickets by three (3) days prior to the event, any loss of tickets must be reported to zet:motion. GmbH immediately at the contact address listed in Section 13 herein. The reissuance of tickets lost in transit by zet:motion. GmbH shall be carried out in accordance with Section 9.
8.2 If, in the case of orders placed short notice, timely receipt of the tickets cannot be guaranteed, the tickets can be deposited at the service points set up for this purpose by zet:motion. GmbH. Tickets can be picked up upon presentation of an official identity card or of any other official document suitable for identification. zet:motion. GmbH is not obligated to check identity and is released from its obligation to the Ticket Purchaser to perform in the event another person is granted access to the event and/or the AMG Hospitality Lounge upon presentation of the ticket. The risk of loss or damage to the tickets prior to collection shall be borne by the Ticket Purchaser, unless there is gross negligence or malice on the part of zet:motion. GmbH or a third party commissioned by zet:motion. GmbH.
9. Reissuance in Case of Complaint, Defect or Loss of Tickets
9.1 A complaint about tickets and/or ticket orders with visible defects must be made immediately, i.e. without culpable delay, as a rule within five (5) business days after receipt of the order confirmation from zet:motion. GmbH (cf. Section 2.2 herein) or after receipt of the tickets, but no later than seven (7) business days prior to the respective event. Notice shall be in writing (e-mail is sufficient) or via the website [https://amg.zet-motion.de/de/#0] to the contact address specified in Section 13 herein. In the case of tickets and/or ticket orders placed within the last fourteen (14) business days prior to the respective event and/or in the case of deposited tickets pursuant to Section 8.2 herein, the complaint must be made immediately; otherwise, the previous provision shall apply accordingly.
Defects within the meaning of this Section 9.1 are, in particular, improper deviations from the order with regard to the number, price, date or location of the event, incorrect printed image or other technical defect, missing essential information such as event or seat number and/or visible damage or destruction to the ticket.
The regulations for complaints expressly do not apply to tickets that have been lost in transit or to tickets that have not been ordered, nor do they apply to cases in which the reason for the claim asserted can be attributed to an error by zet:motion. GmbH. The postmark or the transmission protocol of the e-mail is decisive in determining the complaint period. After expiration of the complaint period, there shall be no more claims for the return or reordering of tickets.
9.2 In case of damage or a defect in a ticket with electronic access control, zet:motion. GmbH shall block the affected ticket immediately upon notification of the defect and shall issue a new ticket upon proven legitimacy of the Ticket Purchaser.
9.3 The Ticket Purchaser shall inform zet:motion. GmbH without delay of the loss of tickets. zet:motion. GmbH is entitled to block these tickets immediately after notification of the loss. In the case of improper notification of loss, zet:motion. GmbH reserves the right to file criminal charges. For security reasons, lost tickets can only be reissued if zet:motion. GmbH has a reasonable period to process the tickets (at least two (2) weeks before the start of the respective event), unless it can be proven that zet:motion. GmbH or a third party commissioned by zet:motion. GmbH was responsible for the loss.
10. Scope of zet:motion. GmbH’s Liability; Notice of Defects
10.1 The liability of zet:motion. GmbH as well as its legal representatives and vicarious agents for damages resulting from injury to life, limb or health as well as liability under the Product Liability Act and liability resulting from fraudulently concealed defects or the assumption of a quality guaranty shall not be limited by these Ticketing & Hospitality GTC. Furthermore, these Ticketing & Hospitality GTC do not limit the liability of zet:motion. GmbH for damages based on an intentional or grossly negligent breach of obligations by zet:motion. GmbH, its legal representatives or its vicarious agents.
If none of the aforementioned cases exist, zet:motion. GmbH's liability for damages resulting from the violation of an obligation that is essential for the fulfillment of this contract, the fulfillment of which makes the proper execution of this contract possible in the first place and the observance on which the Ticket Purchaser relies and may rely (essential contractual obligation), shall be limited to the foreseeable damage typical for the contract. Apart from that, the liability of zet:motion. GmbH shall be excluded.
10.2 As far as the liability for damages is limited in Section 10.1 above, this shall also apply to any liability on the part of the vicarious agents and legal representatives of zet:motion. GmbH.
10.3 Claims of the Ticket Purchaser arising from obvious event deficiencies are excluded if the deficiency is not reported to zet:motion. GmbH within four weeks after the end of the event; this shall not apply to damages resulting from injury to life, limb or health and to other damages caused by intent or gross negligence on the part of zet:motion. GmbH, its legal representatives or its vicarious agents.
11. Data Protection
12. Alternative Dispute Resolution; Applicable Law and Jurisdiction
12.1 With regard to the Act on Alternative Dispute Resolution in Consumer Matters, zet:motion. GmbH acknowledges that it would not voluntarily take part in consumer dispute resolution. If consumer dispute resolutions become necessary after the printing of the Travel Conditions, zet:motion. GmbH shall inform the Ticket Purchaser in an appropriate form. zet:motion. GmbH refers to all travel contracts that were signed in the electronic legal traffic on the European online dispute resolution platform (http://ec.europa.eu/consumers/odr).
12.2 The contractual relationship between the Ticket Purchaser and zet:motion. GmbH shall be governed by German law. Claims regarding consumer protection standards can only be asserted by the Ticket Purchaser according to German law or to the law of the EU Member State where the Ticket Purchaser resides.
12.3 Exclusive jurisdiction shall be Stuttgart (Germany) for any and all claims present and future which arise from or in connection with the purchase of tickets raised by fully qualified merchants, by people who do not have a general place of jurisdiction in Germany, or by people who have changed their residence or have moved abroad after this contract was signed or by people whose place or residence or habitual abode is unknown at the time the action is brought as well as passive litigation.
13. Contact Address
Managing Directors: Volker Zetsche, Meike Zetsche
Tel.: +49 711 340335-55
Amtsgericht Stuttgart (HRB 780794)
USt-IdNr.: DE 346419398