Terms of Service
§ 1 General, scope and contractual relationships
(1) ZMF Event GmbH Karl-Marx-Strasse 58 12043 Berlin (hereinafter: ZMF) is the operator of the website accessible on the Internet at https://subaermarkt.de/ (hereinafter: “Platform”). Tickets for events can be purchased via the platform. The tickets entitle the holder to participate in the respective events in accordance with the other information available on the platform.
(2) These general terms and conditions apply to all contracts between ZMF and our customers (hereinafter also: buyer, you or you) regarding the use of the platform and the purchase of tickets. Furthermore, these general terms and conditions regulate the payment processing of the contracts concluded via the platform.
(3) The offer in our online shop is aimed exclusively at buyers who have reached the age of 18 (hereinafter also referred to as "customers").
(4) The deliveries, services and offers from ZMF are made exclusively on the basis of these General Terms and Conditions. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already contradicted.
(5) Contract language is exclusively German.
(6) You can access and print out the currently valid General Terms and Conditions on LINK.
§ 2 Conclusion of contract
(1) In order to be able to use all functions of the platform, in particular ordering tickets, it is necessary to create a user account. The user account consists of an e-mail address and a password (“login data”). The e-mail address provided is also used for communication with ZMF and is decisive for all contract-related correspondence between ZMF and the customer.
(2) By completing the online registration process, a free usage contract is concluded between ZMF and the customer.
(3) Each customer may only create one user account. With this user account, the customer can use the platform both as a participant and as an organizer.
(4) The customer assures that all data provided during registration is correct. The use of pseudonyms is not permitted.
§ 3 Obligations of ZMF when providing the platform
(1) For the term of the contract, ZMF grants the customer a simple and non-transferrable right to use the platform.
(2) ZMF endeavors to ensure trouble-free operation of the platform. Naturally, this is limited to services over which ZMF has an influence.
(3) ZMF is free to restrict access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity issues and other events that are not within ZMF's control.
(4) The customer is not entitled to the maintenance of individual functionalities of the platform.
§ 4 General obligations of the customer when using the platform
(1) The customer is obliged to handle the login data carefully. The customer is prohibited from disclosing the login data to third parties and/or allowing third parties to access the user account using the login data.
(2) The customer must refrain from any activity that is likely to impair and/or excessively burden the operation of the platform or the technical infrastructure behind it. These include in particular:
- the use of any software, script or database in connection with the use of the platform;
- the blocking, overwriting, modifying, copying of data and/or other content, insofar as this is not necessary for the proper use of the platform.
(3) If disruptions occur when using the platform or its functionalities, the customer will inform ZMF of this disruption immediately. The same applies if the customer is aware of or has reasonable suspicion of irregularities, misleading event advertisements or attempts at fraud on the platform.
§ 5 Duration of Contract/Termination
(1) The contract of use runs for an indefinite period and can be terminated by either party at any time without observing a period of notice and giving reasons. Events that have already been discontinued at the time the notice of termination is given remain unaffected by the notice of termination; the contract of use continues to apply to the extent necessary for the execution of the respective event until the end of the event.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship through extraordinary termination for good cause remains unaffected.
(3) For ZMF there is an important reason to terminate this contract if the customer breaches his obligations under these terms and conditions in a serious or lasting manner.
(4) Terminations can be declared by e-mail or via the function provided for this purpose in the user account. ZMF can, at its own discretion, also order the blocking or deletion of the customer's access for an indefinite period of time instead of declaring termination. In particular, ZMF can block/delete if the customer has not used the log-in data for a period of at least one year, if there are doubts as to the truth of the information provided by him or if the e-mail address provided by the customer address is not available.
(5) A termination means that the customer has no access to the functions of the platform. In the event of termination, ZMF will delete the customer's personal data within six months. This does not apply
- ZMF is obliged to store and/or process data due to legal or official orders;
- for the period of the regular limitation period of three years at the end of the year: contract documents and contact details that are required in the event that ZMF has to assert claims against customers;
- for content created by the organizer during the term of the contract and posted on the platform.
§ 6 Conclusion of contract for tickets
(1) The presentation of the event on the platform represents a binding application for the conclusion of a contract for participation in the advertised event. By clicking the "Buy now" button, a contract is concluded between the participant and ZMF for participation in the event.
(2) A contract for the purchase of a ticket is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the ticket to you or make it available for retrieval without prior express declaration of acceptance. Exception: when paying with PayPal, the order is accepted immediately with your order.
(3) Part of the contract between you and ZMF are the house rules of the ZMF and, if you participate in the Subaermarkt, the market conditions.
§ 7 Prices
The prices stated on the portal include statutory value added tax and other price components. Additional shipping costs do not apply.
§ 8 terms of payment; default
(1) Payment is made as specified by ZMF for each item. Details on the payment methods offered can be found under LINK.
(2) When paying with PayPal or PayPal Express, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. When paying with PayPal Express, you simply confirm the data you have already stored, after which the address data will be sent to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(3) When paying by credit card, the purchase price will be charged directly to the specified credit card at the time the order is placed.
(4) ZMF is free to only offer the customer payment by invoice against a surcharge. It is used by ZMF to cover expenses and when a customer pays against an invoice.
(5) ZMF is also free to carry out a credit check before offering payment against invoice.
§ 9 Right of withdrawal
(1) For the sale of tickets for events, there is no right of withdrawal according to Section 312g Paragraph 2 Clause 1 No. 9 BGB.
(2) In addition, consumers have a right of withdrawal according to the following proviso:
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must send us, ZMF Event GmbH Karl-Marx-Straße 58, 12043 Berlin, email: [placeholder], fax: , by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us or hand them over to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of revocation
Sample withdrawal form
If you want to revoke the contract, please fill out this form and send it back.
ZMF Event GmbH Karl-Marx-Strasse 58 12043 Berlin,
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
§ 10 Delivery
Unless otherwise agreed, the tickets will be delivered by PDF download or by email to the email address provided by the participant.
§ 11 Offsetting/right of retention
(1) The customer is only entitled to set off if his counterclaim has been legally established, is not disputed or recognized by ZMF or is in a close synallagmatic relationship to ZMF's claim.
(2) The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 12 Warranty
(1) Unless expressly agreed otherwise, the buyer's warranty claims are based on the statutory provisions of sales law for the purchase of tickets or the work and rental law for the implementation of the events.
(2) Unless expressly agreed otherwise, the
Warranty claims of the customer in relation to the use of the platform according to the statutory provisions of the service or contract law.
Section 13 Liability
(1) Unlimited liability: ZMF is liable for intent and gross negligence. ZMF is liable for slight negligence in accordance with the Product Liability Act and for damage resulting from injury to life, limb or health.
(2) Limitation of liability: In the case of slight negligence, ZMF is only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to the vicarious agents of ZMF.
§ 14 Adaptation of the platform, extraordinary right of termination
ZMF is free to change the design and content of the platform at any time and to adapt it to newer circumstances.
§ 15 Final Provisions, ODR platform
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
(2) German law is exclusively applicable to all disputes arising from or in connection with these General Terms and Conditions as well as from and in connection with transactions conducted via the platform. The appeal to the consumer protection rights of the state in which you reside remains unaffected. The application of the UN sales law is excluded.
(3) As an online company, we are obliged to refer you as a consumer to the European Commission's platform for online dispute resolution (OS platform). This OS platform can be reached via the following link: https://webgate.ec.europa.eu/odr. We are not willing or obliged to participate in dispute settlement procedures before a consumer arbitration board.