Terms and Conditions
General Terms and Conditions
§ 1 Scope of application and Contractual Relationship
1. These General Terms and Conditions (hereafter GTC) apply to the registration at the official-vip.com Website as well as to the purchase of tickets and VIP tickets for sporting or other events by different organizers, rightsholders and / or contractual partners via the Website www.official-vip.com, which is operated by SPORTFIVE Germany GmbH, Barcastraße 5, 22087 Hamburg (hereinafter referred to as "SPORTFIVE") on behalf of the respective organizer, rightsholders and / or contractual partner (hereafter referred to as CONTRACTUAL PARTNER)
2. The official-vip.com Website (hereinafter referred to as the Website) is a platform operated by SPORTFIVE. SPORTFIVE sells - depending on the respective CONTRACTUAL PARTNER - the tickets only as a commission agent or as a representative in the name and on account of the respective CONTRACTUAL PARTNER. Natural persons and legal entities as well as private companies that have registered (hereafter "Members") may submit an offer to purchase tickets via the Website. Furthermore, it is possible to make an offer to purchase tickets by using a so-called "guest access". Regarding the booked event solely a contract between you and the respective CONTRACTUAL PARTNER is concluded. The General Terms and Conditions of the CONTRACTUAL PARTNER, which you must also have taken note of and accepted before submitting the offer, apply here as well. The GTC of the CONTRACTUAL PARTNER apply in addition to these GTC. In the event of divergent conditions, these SPORTFIVE GTC shall precede. The respective CONTRACTUAL PARTNER will be indicated to you during the ordering process. As a result, you must assert all claims against the CONTRACTUAL PARTNER with regard to the event, its design or in connection with the visit to the event. This applies in particular to claims in connection with the cancellation or relocation of an event or program changes.
3. The conclusion of a contract between you and the CONTRACTUAL PARTNER is only possible in German or English language. The text of the contract will be archived by us after conclusion; however, it is not accessible to you on our Website. Whether the contract text is also archived by the CONTRACTUAL PARTNER and is accessible to you on its Websites is stated in the respective General Terms and Conditions of the CONTRACTUAL PARTNER. The order details and the General Terms and Conditions will be sent to you with the invoice by e-mail so that you can access and save them in reproducible form.
§ 2 Registration as a Member, subject and scope of the Contract of Use
1. The purchase of tickets requires a guest access or registration as a Member. Guest access is created by entering personal data during the ordering process while registration as a Member is done by setting up a Member account. In both cases, a contract is concluded between SPORTFIVE and the Member on the use of the Website (hereinafter referred to as the "Contract of Use"). There is no obligation to conclude such Contract of Use. If an order is placed via guest access, the data will only be stored for the processing of this individual order process and will have to be re-entered for a further order.
2. Registration is only permitted for legal entities, private companies and natural persons with unlimited legal capacity. Minors in particular are not allowed to register for official-vip.com.
3. The data requested by official-vip.com during registration must be provided completely and correctly, e.g. first and last name, current address (no PO box), a valid e-mail address and, if applicable, the name of the company and an authorized representative.
4. The registration of a legal entity may only be performed by a natural person authorized to represent it who must be named explicitly. When registering, only individual persons may be named as owners of the Member account or guest access (i.e. no married couples or families).
5. If the provided data changes after registration, the Member is obliged to correct the data in his Member Account immediately.
6. When registering with a Member Account, Members choose a Member Name and password. The Member's name must not infringe the rights of third parties - in particular name or trademark rights - or offend good morals.
7. Members must keep their password secret and carefully secure the access to their Member Account. They are obliged to inform SPORTFIVE immediately if there are suspicions that a Member Account has been misused by any third person.
8. SPORTFIVE will not disclose a Member's password to third parties and will never ask for a Member's password via e-mail or telephone.
9. Members are liable for all activities that are carried out using their Member Account. If the Member is not responsible for the misuse of his account because there is no violation of the existing duties of care, the Member shall not be liable.
10. A Member Account is not transferable.
11. SPORTFIVE reserves the right to delete Member accounts which are registered incomplete after a reasonable period of time.
12. SPORTFIVE cannot be held responsible if certain data, e.g. during registration, does not reach SPORTFIVE completely or incorrectly.
13. SPORTFIVE may, at any time, restrict the use of the Website or restrict certain features of the Website or the extent to which certain features and services may be used, subject to certain conditions.
14. SPORTFIVE is entitled, based on the User Agreement and these GTC, to store and process the personal data entered by the Member at the time of set-up and/or registration, as well as the ticket selection, so that SPORTFIVE can process the offer sent to the Member and declare the acceptance representing the CONTRACTUAL PARTNER. The data entered via the Website will therefore be used by SPORTFIVE to process the order. Further information on the use of the data entered via the Website will be provided under the section of data protection [link].
15. The Member is entitled to terminate his membership account at any time and thus also the Contract of Use by e-mail to firstname.lastname@example.org without further notice. There is no need to provide reasons for the termination.
16. SPORTFIVE reserves the right to delete Member accounts that are obviously no longer in use. This occurs if the Member does not reply in writing to the e-mail address registered by the member, despite three written requests to do so.
17. After termination of the Member Account and termination of the Contract of Use, SPORTFIVE shall be entitled to assign an alias (user name) used by the Member to other Members. The Member is entitled to re-register via the official-vip.com portal even after termination of the Member's account and termination of the Contract of Use.
§ 3 Contract conclusion for the purchase of tickets
1. The contract for the purchase of tickets is concluded exclusively between you and the respective CONTRACTUAL PARTNER or with SPORTFIVE. If events are advertised on www.official-vip.com and the sale of tickets for the CONTRACTUAL PARTNERS is promised, this merely constitutes a non-binding invitation to you to submit a purchase offer. We therefore do not guarantee that tickets for the event will still be available. You will be deemed to have made an offer to conclude a contract as soon as you have clicked on the "Order payable" dialogue box at the end of the ordering process. Your offer will be accepted by us as representative for the respective CONTRACTUAL PARTNER or as commission agent. This is done by sending you an invoice for the booked tickets after your order to the e-mail address you specified during registration. Accordingly, the acceptance does not yet take place through the automatically generated order confirmation, which you will receive immediately after submitting the offer.
2. If, for any reason whatsoever, the number of tickets you requested is not available, you will be notified before the contract is concluded and you will no longer be bound to your offer. You will then have to place a new order. We reserve the right at any time to reject your offer on behalf of the CONTRACTUAL PARTNER without giving reasons.
§ 4 Delivery
1. The tickets will be shipped worldwide to the recipient's address provided by a shipping service provider. The selection of the shipping service provider is the responsibility of the CONTRACTUAL PARTNER. In the event that timely arrival of the tickets cannot be guaranteed, alternatively the tickets can be deposited at the venue.
2. Tickets will be dispatched between receipt of the payment confirmation and before the event. Unless expressly agreed otherwise, information on delivery dates are non-binding.
3. If it is not possible to send the tickets to you because you entered the wrong recipient address during registration, you will be responsible for the cost of unsuccessful delivery. If the recipient cannot be found at the address you have provided and/or the Tickets do not fit in the mailbox, the Tickets will be deposited in accordance with the rules of the respective shipping service provider.
4. You must check your tickets immediately upon receipt to ensure that they match your order and notify us of any discrepancies immediately by email. You will then be sent another ticket. If no further delivery is possible due to the event being sold out, we will of course refund any payments made.
§ 5 Prices, ticket information and terms of payment
1. The prices and other ticket information (including event dates, venues and times) listed on the Website www.official-vip.com have been provided to SPORTFIVE by the CONTRACTUAL PARTNER and are subject to change. A guarantee for the topicality and correctness of these data at the time of the delivery of the order is expressly excluded. The sole contact person in the event of cancellation, postponement of the event in terms of time, space and/or schedule is exclusively the CONTRACTUAL PARTNER. The information printed on the ticket applies.
2. SPORTFIVE accepts prepayment, payment by credit card, PayPal and / or (instant) bank transfer as payment method depending on the respective CONTRACTUAL PARTNER and sends the Member a corresponding invoice after order confirmation. SPORTFIVE uses the services of Adyen to process the payment. The invoice contains a certain term of payment. The tickets will only be dispatched as soon as the payment has been credited to the respective SPORTFIVE account.
§ 6 Refund of purchase price, Right of withdrawal
1. A right to the return of tickets and refund of the purchase price only arises in the event of cancellation or postponement of events. This claim concerns the performance of the event and is therefore directed against the CONTRACTUAL PARTNER. In this case, SPORTFIVE will only undertake the reversal of the contractual relationship between you and the CONTRACTUAL PARTNER to the extent that the CONTRACTUAL PARTNER provides the corresponding amounts.
2. SPORTFIVE shall be notified of any claim for reimbursement of the purchase price within the meaning of § 6 number 1 in the event of cancellation of the event without replacement no later than four (4) weeks after the date on which the event was cancelled.
3. Your rights to withdraw from the contract or claim damages due to a breach of duty for which the CONTRACTUAL PARTNER is responsible within the framework of the statutory provisions shall remain unaffected.
4. As SPORTFIVE provides leisure services on behalf of the CONTRACTING PARTNERS, the legal provisions on distance contracts set by the German Bürgerliches Gesetzbuch (BGB) do not apply in this case. This means that there is no right of withdrawal. Each order placed by you is therefore binding immediately after placing the order and obliges you to accept and pay for the tickets ordered.
§ 7 Liability
1. The CONTRACTUAL PARTNER has sent SPORTFIVE the information about the event that is displayed to you. We are therefore not responsible for the accuracy of this information. This does not apply if we become aware of the incorrectness of such information (e.g. through a customer complaint) and if we do not act to have the CONTRACTUAL PARTNER correct the information.
2. SPORTFIVE shall be liable in accordance with the statutory provisions for the assertion of breaches of duty based on intent or gross negligence, including intent or gross negligence on the part of our legal representatives or auxiliary persons (“Erfüllungsgehilfen”).
3. SPORTFIVE shall only be liable for ordinary negligence if SPORTFIVE culpably breaches an essential contractual obligation (cardinal obligation). An essential contractual obligation is one whose breach endangers the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose observance the contractual partner may regularly rely. In this case and in the case of default and impossibility, liability for damages shall be limited to the foreseeable, typically occurring damage.
4. Liability for culpable injury to life, body or health or on the basis of claims under the ProdHaftG [Product Liability Act] shall remain unaffected.
§ 8 Final provisions
1. You can contact the portal operator SPORTFIVE as follows:
• Via E-Mail: email@example.com
• Via mail to SPORTFIVE Germany GmbH, Barcastraße 5, 22087 Hamburg, Germany.
2. The service address is the address given in point 8.1; SPORTFIVE is legally represented by the Managing Directors: Philipp Hasenbein, Robert Müller von Vultejus.
3. SPORTFIVE's changes to these Terms and Conditions (e.g. changes in the registration process, changes to the GTC to take account of amended or new services or functionalities) shall be deemed accepted and validly agreed by the registered Member unless the registered Member expressly objects to the changes in writing, including by e-mail, within four weeks of receipt of the amended Terms and Conditions. The Member is obliged to keep his e-mail address up to date at all times (see 2.5).
4. Should one or more clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions.
5. The Member's ticket selection and ordering details will be stored by SPORTFIVE after the ordering process has been completed and can be accessed by the Member at any time via the Member account. The current version of these General Terms and Conditions is available to the customer at any time at www.official-vip.com.
6. This agreement shall be solely subject to German law excluding the regulations of the Convention of International Sales of Goods (“CISG”).
7. For Members who are merchants within the meaning of the German Commercial Code, a special fund under public law or a legal entity under public law and/or have their domicile outside the Federal Republic of Germany, Hamburg shall be the exclusive place of jurisdiction for all disputes arising from the user contract, from the representation of SPORTFIVE in the purchase of tickets and from these General Terms and Conditions.
8. For Members who are consumers and have their domicile in the Federal Republic of Germany, the place of jurisdiction shall be the respective domicile of the Member.