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| GENERAL TERMS AND CONDITIONS for orders placed with Smartfox Media.com |
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| I. Extent of validity |
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| 1. The following general terms and conditions apply exclusively in relations with Smartfox Media to all contracts and orders placed with respect to the supply of tickets. |
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| 2. Insofar as the contract or the order concerns the conduct of travel organized by Smartfox Media, the general conditions relating to travel services of Smartfox Media shall also apply. |
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| General conditions for travel services (Link) |
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| 3. Insofar as the contract or the order concerns the conduct of travel organized by Smartfox Media, the general conditions relating to travel services of Smartfox Media shall also apply. |
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| General conditions for travel services (Link) |
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| II. Conclusion of contract |
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| The offer for the conclusion of a contract is initiated by the customer as soon as he has clicked on the field "Order." Only with the assignment and transmission of the transaction number or through a corresponding e-mail from Smartfox Media to the customer is a contract be concluded between the customer and Smartfox Media. A cancellation of the contract is possible for both parties within 24 hours. Insofar as the customer has made advance payments, in the event of cancellation by Smartfox Media these will be refunded in full. In the event of cancellation by the customer, Smartfox Media will charge a handling fee amounting to 10% of the order value. Otherwise, a cancellation of the contract by the customer is no longer possible. Note: particularly in Germany there is no right to revocation, as the distant sales law for services which are based on recreational events does not apply (§ 312 b Par. 3, No. 6 BGB). Should Smartfox Media be unable to obtain a sold ticket for the customer prior to the event, Smartfox Media shall refund the customer an amount of 100% of the order value. |
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| Note: particularly in Germany there is no right to revocation, as the distant sales law for services which are based on recreational events does not apply (§ 312 b Par. 3, No. 6 BGB). |
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| Should Smartfox Media be unable to obtain a sold ticket for the customer prior to the event, Smartfox Media shall refund the customer an amount of 100% of the order value. |
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| Note: Through the purchase of the admission ticket, contractual relations with respect to the visit to the event itself exclusively arise between the ticket-holder (customer) and the respective organizer. Own general terms and conditions of the organizer possibly apply to these legal relations. Smartfox Media only arranges the event contract in that Smartfox Media provides the customer with the right to attend the event through the provision of a ticket, unless in the specific case Smartfox Media is itself an organizer. Through the order of tickets the customer commissions Smartfox Media with the handling of the ticket procurement including mailing. |
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| 2. No liability can be accepted for the correctness of the data contained in the online presentation of Smartfox Media. |
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| III. Price components and payment details |
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| 1. The ticket price billed to the customer arises from the price which Smartfox Media must pay for the purchase of the ticket, plus a surcharge as well as value added tax. Since it is not always possible to complete an order via the local organizer, the sale price – especially in the case of sold-out events - can be significantly above the original price printed on the ticket. |
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| 2. Insofar as Smartfox Media does not sell the tickets, but merely buys against a service charge for the account of the customer, the following shall apply: by placing the order the customer commissions Smartfox Media to procure original tickets at the official sales price of the organizer and to send them to the customer. The customer undertakes to refund the official sales price paid by Smartfox Media for the tickets. By placing the order, the customer also indicates his agreement to pay the quoted service charge. The tickets will only be despatched on submission of the service charge as well as the refund of the sales price paid by Smartfox Media. |
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| 3. The purchase price of the tickets purchased by you, services or other products must be paid for in advance by you as customer and must be secured in such a way that receipt of payment is registered by Smartfox Media within 10 days. |
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| 4. The modes of payment offered can vary depending on country, volume of the order and the event. As a rule, you can pay by money transfer, credit card, direct debit or PayPal. The statutory value added tax is included in the price. |
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| 5. For postage, packing and insurance we charge the following flat rates: |
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| Netherlands, Germany: |
| Basis: |
5,00 |
Euro |
(mailing by hand-over certified mail) |
| Standard: |
12,50 |
Euro |
(insured mailing up to € 500) |
| Premium: |
25,00 |
Euro |
(insured mailing without limit, incl. ticket repurchase protection of the HansaMerkur insurance company) |
| UPS/DHL: |
50,00 |
Euro |
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| Belgium, Denmark, Liechtenstein, Luxembourg, Austria, Switzerland: |
| Basis: |
10,00 |
Euro |
(mailing by hand-over certified mail) |
| Standard: |
20,00 |
Euro |
(insured mailing up to € 500) |
| Premium: |
32,50 |
Euro |
(insured mailing without limit, incl. ticket repurchase protection of the HansaMerkur insurance company) |
| UPS/DHL: |
50,00 |
Euro |
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| All other EU countries: |
| Basis: |
20,00 |
Euro |
(mailing by hand-over certified mail) |
| UPS/DHL: |
50,00 |
Euro |
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| All countries outside the EU: |
| UPS/DHL: |
50,00 |
Euro |
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| The statutory value added tax is included in the price. |
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| IV. Delay in delivery, deliveries of the wrong goods, transport risks, reservation of title |
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| 1. If Smartfox Media agrees on a particular delivery date with the customer and Smartfox Media fails to observe the agreed delivery date, the customer can set an adequate extension. Following the expiry of the extension, he may withdraw from the order/contract by means of a written declaration, unless, in meantime, the goods have already been sent. |
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| 2. The customer should check the tickets delivered to him immediately upon receipt with respect to their agreement with his order, which he can see under “My data”. In the event of ob.v.iously false deliveries, especially tickets falsely issued (wrong seat category, wrong event), the customer will receive a replacement delivery free of charge in exchange for the return of the tickets already delivered, if he provides notification of the mistake immediately, at the latest within seven days of receipt of the false delivery. Insofar as costs arise for the customer in making the return, these shall be refunded in full by Smartfox Media. The requirement for notification in writing is satisfied if he sends the notification of the false delivery by letter to Smartfox Media b.v., Godsweerdesingel 44, 6041 GL Roermond (NL), or by e-mail to Smartfox Media@Smartfox Media.de. Decisive for observation of time limit for lodging a complaint is the postmark or the transmission protocol of the e-mail. If you do not ledge the complaint, the delivery will be regarded as error-free. |
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| 3. Delivery is carried out ex-warehouse to the address given by the customer. Insofar as the customer does not decide when choosing a mode of shipping for an insured dispatch, the risk of the coincidental loss or the deterioration of the goods shall be transferred to the customer, as soon as the order has been handed over to a freight forwarder. |
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| 4. Until complete payment has been made the product remains property of Smartfox Media, or the third party in whose name Smartfox Media is selling the goods. |
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| V. Limitations of liability, exclusion of withdrawal due to certain breaches of duty |
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| 1. Smartfox Media is liable without limitations in all cases, according to the terms of the Product Liability Law, for damage caused deliberately or as a result of gross negligence, in case of faults concealed with intent to defraud, as well as damages resulting from injuries to life, body or health. The liability for damages from infringement of a guarantee is also unlimited. |
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| 2. Over and above item 1., Smartfox Media is only liable for damages caused culpably, only if these arise as a result of the infringement of substantial contractual duties (so-called cardinal duties) which are only based on simple negligence. In this case the liability is limited to the replacement of the foreseeable, contract-typical damage. |
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| 3. The right of the customer to cancel the contract on the grounds of a breach of duty which is not the responsibility of the organizer or Smartfox Media not consisting of a fault in the product, is excluded. |
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| 4. Should an event be unsatisfactory and should Smartfox Media not be responsible for this fault, claims against Smartfox Media remain excluded since Smartfox Media only has to provide the ticket. |
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| 5. Insofar as the liability of Smartfox Media is excluded or limited according to above paragraphs, this shall also apply to the liability of its employees and vicarious agents. |
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| VI. Cancellation or postponement of the event |
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| 1. Should an event not organized by Smartfox Media be cancelled without an alternative date, Smartfox Media will refund the nominal value of a ticket, insofar as the admission ticket is received by Smartfox Media within seven days of the scheduled date of the event. |
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| 2. If an event is postponed, and if Smartfox Media is not responsible for this postponement, Smartfox Media will only then refund the nominal value of the ticket if the admission ticket is received at the latest 10 working days before the rearranged date of the event. |
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| 3. Further claims against Smartfox Media cannot be asserted. |
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| VII. Data protection and data processing |
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| Smartfox Media processes person-related data of the customer under compliance with the data protection regulations applicable to the contract. The data (for example, name, address, e-mail, telephone number etc.) will be collected, processed and used by it in automated processes on the scale necessary for the establishment, basic features or modification of the contractual relationship. Smartfox Media is authorized to transmit this data to third parties commissioned by it with the execution of the sales contract, insofar as this is necessary, so that the concluded contract can be fulfilled. |
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| VIII. Final provisions |
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| 1. The Law of the Netherlands under exclusion of the UN Sales Convention shall exclusively apply. |
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| 2. The sole place of performance for delivery, performance and payment is Roermond. |
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| 3. Should the customer be a merchant, legal person under public law, a separate property under public law or if the customer has his place of residence or usual whereabouts abroad, Roermond shall be the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. |
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| General terms and conditions for travel services |
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| Insofar as Smartfox Media conducts a travel event on its own responsibility and offers it in its own a name, the legal relationship between the customer and Smartfox Media shall be regulated according to the following general terms and conditions. |
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| Conclusion of a travel contract |
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| On pressing the order button (Order), the customer offers Smartfox Media the binding conclusion of a travel contract. The offer is made by the customer also on behalf of all persons listed in the registration. The customer is responsible to Smartfox Media for their obligations as he is for his own obligations. The customer is bound to his offer for two weeks. The contract is concluded on its acceptance by Smartfox Media. The customer will receive immediately or shortly after conclusion of the contract, travel confirmation (invoice) which can be delivered in writing or by electronic means. Note: A right to cancellation according to the regulations applying to remote sales contracts does not apply to travel services including event tickets, since they are services involving the organization of leisure time . |
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| 2. Performance/prices |
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| The extent of the services contractually due to be rendered are determined, on principle, according to the description on the web site (or a description in other written form) from Smartfox Media and in the travel confirmation. |
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| 3. Payment |
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| After or following the conclusion of the contract, the customer will be sent a travel confirmation including security note according to § 651k BGB. Following receipt of the payment, the travel documents (voucher, tickets etc.) will be delivered immediately to the customer. The customer is required to check the correctness of all documents received. Possible claims must be asserted by the customer against the organizer within 14 days of the day of receipt. Subsequent claims cannot be taken into account. In the case of bookings within 28 days of departure, the travel confirmation (invoice), including the security note and tickets, will be delivered immediately to the customer after receipt of payment. Should the delivery no longer be possible for temporal reasons, the travel documents will be deposited with the service provider (hotel.) For travel where a minimum number of participants applies, the due date for payment can be, at the earliest, two weeks before the commencement of travel. In the event of the minimum number of participants (see under item 6) the customer will be immediately served with the organizer’s declaration of withdrawal and the travel price reimbursed. |
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| 4. Delivery of the travel documents |
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| The travel documents will be mailed to the address given by the customer at the expense and risk of the customer at the flat rates quoted when placing the order which are dependent on the mode of transport and the country of destination. Partial deliveries are permissible. Should the travel documents not have been received by the customer at the latest 7 days prior to the start of travel, Smartfox Media must be informed immediately. With the handing over of the travel documents to a transport company, the risk of loss for which Smartfox Media is not responsible or impairment shall be transferred to the customer. Smartfox Media is free to choose the transport company. |
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| 5. Naming of a substitute person, withdrawal/cancellation by the customer |
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| Should the customer allow himself to be replaced by a third party prior to the start of travel, a handling fee of 20 Euro per person will be charged. |
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| Should the customer withdraw from the travel contract or not start the travel, Smartfox Media can require flat-rate cancellation costs as adequate compensation for the travel preparations made and its expenditure. This does not apply to a cancellation due to force majeure. The customer must declare his withdrawal from the contract in writing to Smartfox Media. These flat-rate cancellation costs per registered participant amount to: |
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| Up to 30 days before start of travel 15% |
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| From 29 to 15 days before start of travel 40% |
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| From 14 to 7 days before start of travel 50% |
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| From 6 to 1 day before start of travel 80% |
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| As of the day of start of travel 95% of the travel price. |
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| The decisive date for the assessment of the flat-rate cancellation costs is date of receipt of the customer’s declaration of withdrawal by Smartfox Media. |
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| Insofar as the booked travel event includes one or several admission tickets, the full price printed on the tickets is not taken into consideration within the context of the afore-mentioned flat-rate cancellation costs. For admission tickets, on principle, a cancellation fee of 100% of the price agreed between Smartfox Media and the customer will be charged. |
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| The organizer can assert a higher level of damages than that agreed in the flat-rate cancellation costs if he furnishes proof of this. The customer retains the right to provide proof that in connection with the cancellation or non-commencement of trave, no or considerably lower costs have arisen than the costs listed in the afore-mentioned flat-rate costs. |
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| Should the level of the flat-rate travel price be determined according to the occupation number at the accommodation (double room, apartment etc.) and should one of the travel participants registered by the customer withdraw from the travel contract, the travel price for the remaining participants will be calculated according to the reduced number of participants. |
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| Changes on which become necessary after the conclusion of the contract and were not caused by Smartfox Media contrary to good faith, are permitted, to the extent that, as a result, the overall form of the booked travel is not impaired. |
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| 6. Withdrawal and cancellation by Smartfox Media |
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| Prior to the commencement of travel, Smartfox Media may terminate the travel contract without observing a period of notice or after commencement of travel, if the person travelling, despite a warning, permanently disrupts the conduct of the travel or if he behaves to such an extent in breach of contract that the immediate cancellation of the contract is justified, for example, in the event of sexual harassment /insulting fellow travellers. Should Smartfox Media terminate the contract, Smartfox Media reserves its claim to the travel price. Possible additional costs incurred for return transport shall be borne by the customer himself. Smartfox Media must, however, set off the value of the saved expenditures as well as those advantages which are gained through another use of the services not made use of, including the refunds granted to Smartfox Media by the service providers. |
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| On travels for which a minimum number of participants is necessary and the required number is reached, the organizer can withdraw up to 14th day prior to the commencement of travel. The declaration that the number of participants has not been reached and that the travel is, therefore, changed or not conducted, must be sent to the customer at the latest on the 14th day prior to the agreed commencement of travel. |
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| 7. Guarantee/incidental obligations |
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| Should travel service not be provided as stipulated in the contract, the customer can demand remedy. Should the remedy require an unreasonable expenditure, Smartfox Media may refuse the remedy. Smartfox Media can also take remedial action through a replacement service of equal value, if this is reasonable for the customer and the remedy does not represent an inadmissible change of contract or the travel fault was not caused consciously. Should a fault occur or should a promised feature be lacking, the customer is obliged to lodge a complaint with the service provider immediately in order to have the opportunity of immediate remedy. Should the service provider not provide an immediate remedy or is the complaint of the customer to the service provider impossible or unreasonable, the customer must notify Smartfox Media immediately of the fault. Should the customer culpably infringe the obligation to lodge a complaint, he is excluded from warranty and contractual claims to damages. A termination of the travel contract by the customer on grounds of a travel fault which considerably impairs the travel is only then valid if Smartfox Media does not provide a satisfactory remedy after the customer has granted Smartfox Media an adequate period of time. There is no need to set a period of time if remedy is impossible, is refused by Smartfox Media or if the immediate termination is justified by a special interest of the customer. |
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| 8. Registration of claims/statutory limitation/assignment |
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| If the customer wishes to assert claims arising from the travel contract or from illicit actions against the organizer, he must assert these claims within one month after the contractually planned end of travel to |
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| Smartfox Media b.v. · Godsweerdesingel 44 · 6041 GL Roermond (NL)' |
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| Service providers, travel couriers or other local representatives are not authorized to accept notifications of claims. The period is only observed if the declaration of the customer is received prior to its expiry, unless the customer has been prevented from compliance with the period through no fault of his own. The afore-mentioned claims can be submitted by the customer, apart from in his own name, also for fellow-travellers who are members of his family or on behalf of travel participants who the customer represented in the travel registration. The lodging of claims of third parties who do not belong to this group of persons is ineffective, without it requiring an immediate rejection by Smartfox Media, if a written power of attorney is not presented within the registration period. Contractual claims of the customer fall under the statue of limitation within a year. The period of limitation begins on the day on which, according to the contract, the travel should end. If the customer has asserted such claims, then the period of limitation is suspended up to the day on which the organizer dismisses the claims in writing. The assignment of claims against Smartfox Media is excluded. |
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| 9. Limitation of liability |
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| The contractual liability of Smartfox Media for damage which is not physical damage, is limited to three times the price of travel, insofar as damage to the customer is not caused deliberately or as a result of gross negligence or insofar as Smartfox Media is responsible for damage suffered by the customer solely due to the fault of a service provider. |
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| 10. Final clauses |
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| The invalidity of individual provisions of the travel contract has no effect on the validity of the remaining provisions of the travel contract. The same applies to the exisiting general travel conditions. |
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| The law of the Netherlands is exclusively valid with exception of the UN Sale Convention whose application is excluded. |
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| Sole place of performance is Roermond. |
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| If the customer is a merchant, legal person under public law, a separate property under public law or if the customer has his place of residence or usual whereabouts abroad, Bonn shall be the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. |
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| General terms and conditions for travel agency activities of Smartfox Media |
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| For the arrangement of travel by Smartfox Media Gesellschaft for Professional Ticketservices mbH, the following conditions apply. They regulate the legal relationship between the registering person (also referred to as customer) and Smartfox Media. An agency service against payment is agreed in accordance with § 675 BGB. Between the registering person and the respective provider of services (particularly tour operator) with regard to the travel services, Smartfox Media operates exclusively as an agent and acts on behalf of and for the account of the respective tour operator. The general terms and conditions of the tour operator which are referred to separately in the booking dialogue apply exclusively to the conduct of the respective travel. |
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| 1. Conclusion of the agency contract |
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| With his registration, the customer makes Smartfox Media a binding offer for the conclusion of a travel agency contract. The registration is also made by the person registering for all persons listed in the registration, for whose obligation the persons registering is liable as he is for his own obligations. |
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| With the transmission or submission of the registration, the customer makes a binding offer to Smartfox Media for a contract for services. Smartfox Media reserves the right to accept the offer within two weeks, which it declares with the mailing of the booking confirmation/ invoice to the customer. |
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| 2. Mailing of the travel documents |
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| The travel documents and tickets are will be mailed at the expense of the customer to the address indicated in the shopping basket, at the flat-rates dependent on the type of mail and country. If the travel documents have not been received by the customer no later than 7 days prior to the commencement of travel, Smartfox Media must be informed immediately. The risk of accidental loss or impairment of the travel documents is transferred to the customer as soon as they have been handed over to an employee of the transport company by Smartfox Media. The choice of the transport company is made by Smartfox Media. |
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| 3. Reference to possible insurance |
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| Smartfox Media points out the possibility of the conclusion of travel cancellation and travel baggage insurance as well as insurance for the coverage of return travel costs in the event of an accident or illness. |
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| 4. Customer’s obligation to notify |
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| Faults in the agency services must be notified to Smartfox Media immediately. Smartfox Media must be granted an opportunity to provide a remedy. Should the customer culpably fail to provide notification, all claims of the customer arising from the agency contract become invalid, insofar as a reasonable remedy by Smartfox Media would have been possible. |
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| 5. Limitation of liability, statute of limitations |
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| 1.Smartfox Media is liable in all cases without limitation for damages which are caused deliberately or as a result of gross negligence, in case of faults concealed with intent to defraud, as well as damages resulting from injuries to life, body or health. The liability for damages from infringement of a guarantee is also unlimited. |
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| 2. In the event of slightly negligent infringements of cardinal duties. the liability of Smartfox Media is limited to damage which is typical for the contract and foreseeable, at any event to three times the value of the booked travel services. |
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| 3. With the exception of the cases mentioned in paragraphs 1 and 2, Smartfox Media is not liable for damages which are caused by simple negligence. |
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| 4. Insofar as the liability of Smartfox Media is excluded or limited according to the above paragraphs, this also applies to the liability of its employees and vicarious agents. |
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| 5. Claims against Smartfox Media which are based on an infringement of the obligation to exercise due care fall under the statute of limitation within a year. The period of limitation of tortious claims is not affected by this. |
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| 6. Final clauses |
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| The law of the Netherlands is exclusively valid. The application of the United Nations Sales Convention (CISG) is excluded. The regulations concerning remote sales contracts apply (§ 312 b Par. 3, No. 6 BGB) do not apply to either event tickets or travel services and travel agency service. |
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| The sole place of performance for delivery, performance and payment is Roermond, provided that the customer is a merchant. If both parties to the contract are merchants, then the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Bonn. In the case of cross-border contracts the jurisdiction of the courts in Bonn, Federal Republic of Germany, is agreed as the exclusive place of jurisdiction for all disputes arising from the contractual relationship. Smartfox Media reserves the right to call upon any other court which is responsible in accordance with the EuGVVO (Ordinance EC of the European Council no. 44/2001 of 20.12.2000.). |
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| 7. Saving clause |
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| The invalidity of individual provisions of the agency contract do not affect the validity of the remaining provisions of the agency contract. The same applies to the existing general terms and conditions for travel agency services. |
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