General Terms and Conditions for the Procurement of Tickets for Events
Status. 11.03.2025
§ 1 - Provider, inclusion of the GTC
(1) The provider of the websites "kontramarka.de" and "kontramarka.com" is Kontramarka.de, owner Roman Krutyanskiy, An der Urania 15, 10787 Berlin, phone: +49 30 7871 2860, e-mail: info@kontramarka.de (hereinafter referred to as "Kontramarka" or "Website"). Kontramarka offers users of the Website the opportunity to purchase tickets from various event organizers for their events.
(2) These General Terms and Conditions are an integral part of any contractual agreement on Kontramarka's agency services and any other services between Kontramarka and the respective customer. Any conflicting terms and conditions of the customer are hereby rejected.
§ Section 2 - Contracting parties, offer and conclusion of contract
(1) Kontramarka is not the organizer of the events displayed on the website, but merely acts as an agent for the purchase of tickets and any other services offered on behalf of the respective organizer. The purchase of an admission ticket constitutes a contract between the customer and the organizer, which is specified in the product description of the event by Kontramarka. The General Terms and Conditions of the respective organizer shall apply exclusively to the purchase of tickets from the organizer and the staging of the event.
(2) Advertising that is not addressed to a named recipient, for example on Kontramarka's websites, in brochures, in online advertisements on other websites or in printed advertisements, does not constitute a binding offer by Kontramarka. Rather, it is an invitation to the customer to submit an offer to Kontramarka, which Kontramarka may accept depending on availability.
(3) Kontramarka publishes the events offered in accordance with the information provided by the organizers in an automated manner without checking the accuracy or admissibility of the information beforehand. The responsibility for the accuracy and admissibility of an event offer lies solely with the respective organizer. Any seating plans displayed, including those intended for seat selection, do not represent a true-to-scale representation of the event venue, but are for orientation purposes only.
(4) Kontramarka offers its services exclusively to natural persons, legal entities and partnerships of full legal capacity.
(5) If the customer is interested in arranging organizer services, it may submit a binding offer to Kontramarka, stating its name, e-mail address, address and telephone number and the desired service, in particular via the corresponding form on Kontramarka's website. Kontramarka cannot guarantee that every service will be available at the desired time, in the desired quantity or design. Therefore, upon receipt of the customer's offer, Kontramarka shall first check the extent to which the customer's request can be fulfilled. If Kontramarka is able to provide the requested service, Kontramarka shall confirm the conclusion of the contract with the customer by e-mail (contract confirmation), in which the customer is also informed of its order number.
(6) Before submitting a binding offer via the Kontramarka website, the customer may correct its entries at any time.
(7) If there is a majority of persons on the customer side (e.g. family, spouses), each person shall be deemed to be jointly and severally liable and jointly and severally liable for all contractual services, and each person shall be deemed to be authorized for the others to make and receive declarations of intent.
(8) Kontramarka shall store the e-mails sent to the customer containing the offer and contract confirmation. Kontramarka shall not store the text of the contract beyond this and shall not make it available to the customer in any other way. It is the customer's responsibility to keep the e-mail containing the text of the contract in its own interest.
(9) The contract is concluded and processed in the language of the website version used by the customer when placing the order.
§ 3 - Prices and payment
(1) Unless otherwise stated in the provider's product description, the prices quoted are total prices including statutory VAT.
(2) Information on additional service fees charged by the provider and possible shipping costs for tickets can be found in the respective product description.
(3) Payments for tickets are accepted by Kontramarka on behalf of the respective event organizer. In this case, Kontramarka shall forward the amount paid to the respective organizer.
(4) The payment methods offered by Kontramarka shall be indicated to the customer in the respective product description.
(5) Payment is due immediately upon conclusion of the contract, unless the parties have agreed a later due date. It is the customer's responsibility to effect payment in good time so that it is received by Kontramarka without delay.
(6) Where Kontramarka offers the customer a prepayment order with payment by bank transfer, a payment period of one week from receipt of the contract confirmation shall apply. Kontramarka shall accept bank transfers only as SEPA transfers or as payments in euros free of charge for Kontramarka.
(7) In the case of services to a customer outside the European Union, further costs may be incurred in individual cases over which Kontramarka has no influence and which are to be borne by the customer. These may include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rates) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if Kontramarka's service is not provided to a country outside the European Union, but the customer makes the payment from a country outside the European Union. Kontramarka has no influence on the levying of local taxes.
(8) In the event of default in payment, Kontramarka reserves the right to withhold its own contractual performance until the default has ended. The customer's obligation to pay the fee during the period of retention shall remain unaffected. In the case of personalized admission tickets, the transfer of the right arising from the admission ticket is subject to full payment of the invoice amount.
(9) The customer may only offset undisputed or legally established claims against Kontramarka's claims.
§ Section 4 - Gift voucher
(1) Where Kontramarka enables the customer to purchase gift vouchers (hereinafter referred to as "gift vouchers"), these can only be redeemed on the Kontramarka website, unless otherwise stated in the gift vouchers.
(2) Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased.
(3) Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
(4) Only one gift voucher can be redeemed per order.
(5) The balance of a gift voucher is neither paid out in cash nor does it bear interest.
§ 5 - Shipping and delivery time
(1) Information on the delivery time for tickets sent by post can be found in the respective product description. An indication in days refers to the period from payment by the customer to delivery of the shipment.
(2) Several tickets ordered at the same time shall be delivered in a joint shipment; the delivery time of the ticket with the longest delivery time shall apply to the joint shipment. If the customer wishes the delivery of a specific ticket with a shorter delivery time in advance, he must order this separately.
(3) If a delivery fails because the customer has provided an incorrect or incomplete delivery address, a new delivery attempt will only be made if the customer bears the direct costs of the new shipment. These costs correspond to the shipping costs agreed when the contract was concluded.
(4) The above paragraphs do not apply to tickets provided by e-mail or for download.
§ 6 - Customer's duty to cooperate, data transfer
(1) It is the responsibility of the customer to check possible updates on events and their performance, in particular on the day of the event, through the information published by the organizer itself and, for this purpose, to consult, among other things, the organizer's website, the performing artist and other generally accessible sources, including the daily press and radio.
(2) Unless otherwise stated in the product description, tickets ordered are provided by e-mail or download and are not sent by post. In order to receive the tickets, the customer must have an Internet connection and a functional e-mail address that can be accessed by the customer. Kontramarka points out that the customer's network operator may charge fees for data reception over which Kontramarka has no influence.
(3) For individual events, the organizer may require (e.g. to protect against infection or due to official orders) that participation in the event is only permitted if the customer has previously provided certain personal data completely and truthfully. Kontramarka shall draw attention to this fact separately in the respective product description. By purchasing the admission ticket, the customer agrees to provide Kontramarka and the respective event organizer with the complete and truthful data at Kontramarka's request before participating in the respective event and also authorizes Kontramarka to forward this data to the event organizer.
§ Section 7 - Consumer right of withdrawal
(1) A customer who concludes a contract as a consumer may be entitled to a right of withdrawal in accordance with the statutory conditions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
(2) Kontramarka grants a consumer with permanent residence outside Germany a consumer right of withdrawal in accordance with the German requirements and legal consequences even if the consumer's national law does not provide for a right of withdrawal or ties the withdrawal to a shorter period or to a stricter form than under German law.
(3) The details can be found in the withdrawal policy.
(4) Pursuant to Section 312g (2) No. 9 BGB, consumers do not have a right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision of services.
§ Section 8 - Warranty (liability for defects)
(1) The customer shall have warranty claims (also referred to as warranty rights) in accordance with the statutory provisions.
(2) Warranty claims regarding the respective event or other mediated services of the organizer are exclusively against the organizer, not against Kontramarka.
§ Section 9 - Changes to the event by the organizer, refunds
(1) Changes to the events for which Kontramarka has arranged tickets for the customer can only lead to claims by the customer against the organizer. Insofar as such changes give rise to a claim for reimbursement of the ticket price, the customer's claim shall be exclusively against the organizer. In particular, in the event that the organizer refuses to perform or becomes insolvent, the customer shall have no claim for reimbursement against Kontramarka.
(2) In individual cases, Kontramarka may be instructed by the respective event organizer in its name and for its account to refund the ticket price to the customer; the customer shall have no claim of its own against Kontramarka for a refund of the ticket price. In this case, refunds will be made exclusively to the customer and via the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer.
(3) If the customer has received admission tickets in printed form, the organizer may refuse to make a refund until the organizer or Kontramarka has received the respective admission ticket back or the customer has proven to the organizer or Kontramarke that the admission ticket has been destroyed. Further details can be found in the General Terms and Conditions of the respective organizer.
§ Section 10 - Out-of-court settlement of disputes
(1) The European Union provides an online platform ("ODR platform") for the out-of-court settlement of consumer disputes at the address https://ec.europa.eu/consumers/odr .
(2) We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11 - Final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers with permanent residence abroad insofar as the national law of the consumer contains provisions which cannot be deviated from by contract to the detriment of the consumer.
(2) If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from an order placed by the customer shall be Kontramarka's registered office in Berlin. If the customer is domiciled outside the territory of the Federal Republic of Germany, Kontramarka's registered office shall be the exclusive place of jurisdiction for all disputes arising from an order placed by the customer if the order or claims arising from the order can be attributed to the customer's professional or commercial activity. In the above cases, however, Kontramarka shall in any event be entitled to bring an action before the court at the customer's place of business.
(3) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.