Terms and Conditions

General Terms and Conditions (“Kompasso.net GTC”)

These General Terms and Conditions apply to the Sale and Brokerage of Tickets and Other Products and Services and to Attendance at Events (“Kompasso.net GTC”).

The following new General Terms and Conditions apply to the Sale and Brokerage of Tickets and Other Products and Services as well as Attendance at Events (“Kompasso.net GTC”) for all orders placed via Kompasso.net from 09 April 2024.

 

  1. Contractual basis
    • Scope of the Kompasso.net GTC.

These General Terms and Conditions (“Kompasso.net GTC”) govern the sale of tickets for the series of events “Missing”, via Kompasso.net.

 

1.2 Applicability of the Distributor GTC for Ticket Sales by Distributors

  1. a) Purchase of tickets.

The purchase of tickets, other products or services through a sales partner of Kompasso.net is made on the basis of these Kompasso.net GTC, irrespective of whether it is made by telephone or online. Additional Distributor GTC for the purchase of additional services or products shall apply in addition, as well as in case of contradictions with priority.

  1. b) Inclusion of the Distributor GTC. The Distributor GTC will be displayed or brought to your attention when you place your order. During the check-out process when ordering via the Internet, you will be asked to agree to the validity of the Distributor GTC.

 

 

1.3 Applicability of the Organizer GTC

Realization of the events.

The events are predominantly realized by other organizers, Compagnia Teatrale Kompasso , that is the same legal person as Kompasso.net. The contract to attend the event is concluded between the purchaser of a Ticket (“Ticket Purchaser”) and the Organizer on the basis of the present GTC. In this respect, Kompasso.net acts as an agent for the purchase of tickets on behalf of Compagnia Teatrale Kompasso.

 

  1. Conclusion of the contract

2.1 Details of events.

The information on the events contained on the website and in other announcements, in particular the venue, the start of the event or the content of the event, is provided (“Organizer Information”) Kompasso.net. The submission of the contract offer shall be made on this basis.

 

2.2 Corrections

The Ticket Purchaser bears the risk for the correct entry or specification of information in the ordering process, in particular with regard to the selection of the event and date.

 

2.3 Ticket orders from the age of 18 or with the consent of the legal representative.

 The purchase of tickets, products and other services is only permitted to persons who are at least 18 years old and have unrestricted legal capacity or with the consent of their legal representative.

 

2.4 Acceptance of the contract offer.

The contract between the Ticket Purchaser and the seller (as a rule, this is the respective Organizer; if Kompasso.net sells the Tickets on behalf of the Organizer as a commission agent, Kompasso.net is the seller of the Tickets) comes into effect by the acceptance of a purchase offer by Kompasso.net sending an order number and is subject to the condition precedent of full payment in due time; except for purchases where the Ticket Purchaser uses a payment service, such as purchase on account. In these cases, the contract shall be concluded upon sending the order number. In the case of payment on account, Kompasso.net assigns the payment claim against the Ticket Purchaser to the provider of the selected payment method; in this respect, the General Terms and Conditions of the respective payment method provider, to which reference is made in the order process, shall apply in addition.

2.5 Purchase restrictions

 In order to make unfair ticket trading more difficult, the purchase of tickets per purchaser is limited to a maximum number, which varies depending on the event and is communicated in the order process. If the maximum number is exceeded by the Ticket Purchaser, Kompasso.net reserves the right to block the tickets exceeding the maximum number for admission.

 

  1. Payment

3.1 Payment

  1. a) Prices.

When purchasing Tickets fees for the use of selected payment methods will be charged by Kompasso.net (hereinafter collectively referred to as “Fees”), which may vary depending on the event. These additional Fees will be communicated to the Ticket Purchaser during the order process. Ticket prices and Fees include the statutory value added tax.

  1. b) Due date and collection of receivables.

The purchase price and Fees are due for payment upon conclusion of the contract – within 3 working days in the case of bank transfer.

Delivery. Tickets or other products will be delivered by the method of shipment chosen by the Ticket Purchaser after the conclusion of the contract, i.e. after full payment of the Ticket price and Fees within the specified delivery period. In order to receive information about your purchase, please contact us under kompassoticket@gmail.com.

 

  1. Rights of revocation

No right of cancellation for the purchase of tickets. Insofar as Kompasso.net sells tickets for its own or third party events, irrespective of whether the sale of the tickets is brokered for the event organizer or Kompasso.net acts as a commission agent in its own name, in connection with leisure activities, there is no right of revocation pursuant to § 312g para. 2 no. 9 of the Austrian Civil Code (BGB).

 

  1. Tickets

5.1 General.

The purchase of a Ticket entitles the purchaser to attend the event designated on the Ticket. Tickets must be kept in a safe place after receipt and protected from damaging influences, such as direct sunlight, heat or moisture, as illegibility of the information on the Ticket, which is important for admission control, can lead to the invalidity of the ticket and thus to the loss of the right of admission.

5.2 Personalized Tickets.

The Ticket is personalized during the ordering process (even without the name printed on it). The organizer as issuer of the Ticket does not intend to grant access to the respective event to every Ticket holder, but, in the case of Tickets brokered via Kompasso.net, only to those Ticket holders who have purchased the Tickets from Kompasso.net.  If Tickets are personalized by being named on the Ticket, the following shall apply:

  1. Ticket Purchaser personalization.

When purchasing multiple Tickets that are automatically personalized to the Ticket Purchaser’s name, all Tickets shall be issued in the Ticket Purchaser’s name (“Ticket Purchaser-Personalized Tickets”). Admission to the event under presentation of a Ticket Purchaser-Personalized Ticket, which is not issued in the name of the visitor seeking admission, is only possible for the visitor in the presence of the person named on the Ticket, if the visitor can identify himself/herself at the entrance by means of a valid personal document, a valid driver’s license or another means of proof agreed upon with the organizer. The holder of the right to visit the event is the Ticket Purchaser, who is, however, entitled to visit the event in company, whereby a separate Ticket personalized to the Ticket Purchaser’s name is required for each accompanying person.

  1. No obligation to check identity.

The Organizer is not obliged to check identity at the entrance. He shall also be released from his obligation to perform vis-à-vis the purchaser if he grants access to the event to another person upon presentation of the personalized Ticket.

 

6.4 Voiding of tickets

  1. a) Lost and Stolen Tickets.

If Tickets are reported lost or stolen to Kompasso.net or the Partner for Distribution which the Tickets were purchased, they may be blocked in accordance with the Organizer GTCs with the consequence that the right to attend the event expires.

  1. b) Tickets acquired or used improperly

Tickets that have been purchased in violation of sections 3.6 (Maximum number at purchase), 6.2 (Personalized Tickets), 6.5 (Prohibition of commercial and industrial resale or use) or 6.6(a) (Permitted transfer) or (b) (Ticket transfer) of these Kompasso.net GTC or for which there are reasonable grounds to believe that they are intended to be used in such a manner may, after consideration of the interests of the Ticket Purchaser, be blocked by the Organizer with the consequence that the right to gain admission to the event will expire. There will be no refund of the purchase price or fees. Kompasso.net is permitted to prove a higher damage, the Ticket Purchaser is permitted to prove a lower damage.

6.5 No use of Tickets for commercial or business purposes; unauthorized transfer. Tickets are sold exclusively for private, non-commercial use. Any commercial or business resale of Tickets is prohibited. The commercial sale of Tickets is reserved exclusively for the respective Organizer and the advance booking offices authorized by the Organizer. In particular, it is not permitted to (a) publicly offer Tickets for sale or sell Tickets in an auction (e.g. Ebay), (b) to offer or sell Tickets on Viagogo, StubHub, Ticketbande, (c) to offer or pass on Tickets at a higher price than the price paid, whereby a price surcharge of a maximum of 15% is permitted to compensate for transaction costs, (d) to sell or pass on Tickets to commercial resellers and/or ticket dealers, (e) to use or have used Tickets commercially, e.g. for raffle purposes, without the prior written consent of the Organizer e.g., for raffle purposes, for purposes of advertising, marketing, as a promotional gift, or as part of an unauthorized hospitality or travel package and (f) to buy and/or sell tickets within the scope of a commercial activity in the name of a third party (e.g. agency business) or in its own name but and on account of a third party (e.g. commission). Offers, sales and purchases via integrated resale pursuant to section 6.6 c) are excluded from section 6.5 (a)-(d) above. The transfer of Tickets without the inclusion of these Kompasso.net GTC is not permitted.

6.6 Permissible Transfer

  1. a) Principle A private transfer of a Ticket for non-commercial reasons, in particular in individual cases in the event of illness or other prevention of the customer, is permissible, provided that there is no case of impermissible transfer within the meaning of Section 6.5. In this case, the customer may only transfer the rights and obligations arising from the visitor contract to a third party by the third party entering into the visitor contract in its place, assuming all rights and obligations. This entry requires the consent of the seller, which is hereby granted subject to the following conditions: (i) the transfer is a case of permitted transfer as described above in this Section 6.6(a) as well as 6.6(b), (ii) the customer expressly informs the new Ticket holder of the validity and content of these Kompasso.net GTC and the new Ticket holder agrees to the validity of these Kompasso.net GTC between him and the seller (i.e. the Organizer or Kompasso.net – see Section 3.5 above). The transfer of individual rights under the visitor contract is excluded in the absence of any of the conditions set forth in (i) or (ii) above.
  2. b) „Ticket Transfer“. (i) For many events Kompasso.net offers the possibility to transfer Tickets (“Ticket Transfer”). If the Ticket Transfer option is offered for a Ticket, the customer may transfer corresponding Tickets to friends and family by logging into his Kompasso.net Account and following the instructions there.

(ii) Ticket Transfer should only be used to transfer Tickets to people you trust. Section 6.6(a) applies to permitted resale of Tickets to other third parties.

(iii) When transferring Tickets using Ticket Transfer, the customer transfers only the right to visit to the receiving person (“Recipient”). The purchase contract and all related rights and obligations remain unchanged between the original Ticket Purchaser and the seller (see section 3.5 above). This applies regardless of how often the Ticket is transferred by means of Ticket Transfer. Irrespective of this, the terms and conditions relating to the use of the Ticket shall continue to apply even in the event of multiple transfers by means of Ticket Transfer.

(iv) Ticket Transfer can only be used for Tickets, but not for so-called Upsells that were purchased with the Ticket or other components of a Package Offer that are not Tickets.

(v) The customer may withdraw the offer to transfer a Ticket to the third party by means of Ticket Transfer, unless the third party has already accepted such Ticket Transfer offer.

(vi) IMPORTANT: Once a Recipient has accepted the Ticket Transfer Offer, (1) the original Ticket will no longer entitle the customer to admission to the relevant event; (2) the Recipient will receive a new Ticket with a new barcode, and therefore, without prejudice to any legal rights, the customer may not cancel or otherwise reclaim its original Ticket; (3) the customer may no longer use the Kompasso.net Fan Guarantee for such Ticket; and (4) the customer may not otherwise transfer the Ticket to another person. If a Ticket is transferred multiple times via Ticket Transfer, only the Ticket created for the last Recipient after the Ticket Transfer will be entitled to admission. All previous barcodes will be cancelled.

(vi) If an event is cancelled, postponed or otherwise materially affected, only the original Ticket Purchaser of a Ticket transferred by Ticket Transfer will be entitled to a refund or other credit in accordance with Clause 8.4 below. Kompasso.net will maintain event or Ticket related communication with the original Ticket Purchaser. The latter is obliged to keep the Recipients of a Ticket transferred by means of Ticket Transfer informed of all relevant information provided by us.

  1. c) The admissibility of the purchase, offer and sale of Tickets in accordance with the Conditions of Resale shall remain unaffected.

6.7 Contractual penalty

  1. a) Conditions In the event of a culpable violation of one or more provisions in Sections 6.5, 6.6 (a) or (b), the seller (Section 3.5) shall be entitled, in addition to the other measures and sanctions possible under these Kompasso.net GTC and any claims for damages, to impose a contractual penalty on the respective customer to be determined by the seller at its reasonable discretion (Section 315 of the German Civil Code (BGB)), the appropriateness of which may be reviewed by the competent court in the event of a dispute.
  2. b) Amount: The amount of the contractual penalty shall be determined in particular by the number and intensity of the violations, the type and degree of fault (intent or negligence), the efforts and successes of the customer or ticket holder with regard to making good the damage, the question of whether and to what extent the customer is a repeat offender, as well as, in the case of an unauthorized resale of Tickets, the number of Tickets offered, sold, passed on or used, as well as any proceeds or profits generated by the resale.
  3. Obligations of Kompasso.net with regard to events of third parties

7.1 Notice of Kompasso.net’s liability with respect to third party events. Kompasso.net is not responsible for the performance, changes in time and place of performance or cancellations of third party events.

7.2 Information about the event. Insofar as Kompasso.net merely brokers Tickets in the name of and on behalf of the Organizer or sells them on commission, Kompasso.net has no possibility to influence information about events, in particular event dates and venues, performing artists, content of the program, allocation of price categories or seating or standing room availability, or to fully verify such information. In this respect, Kompasso.net acts with due diligence within the bounds of what is possible and contractually permissible vis-à-vis the Organizers. Kompasso.net does not assume any liability for the correctness and completeness of such information outside its sphere of influence. This extends to the careful compilation and timely forwarding of information, but not to the issuance of timely notices of cancellation by the Organizer.

7.3 Ticket Purchaser’s obligation to check event changes or cancellations. It is the Ticket Purchaser’s responsibility to check the unchanged taking place of the event, especially on the day of the event, by the information issued by the Organizer himself and to take for this purpose especially the Internet offer of the Organizer, the performing artist, as well as other generally accessible sources including press and radio.

8 Warranty, Refund and Liability

8.1 Warranty. For product purchases, the Ticket Purchaser is entitled to the statutory warranty rights in case of defects.

8.2 Refund for Personalized Tickets If the Organizer allows the cancellation of Personalized Tickets according to the terms and conditions of sale, a refund will be made only if this is cancelled at Kompasso.net or the Partner for Distribution from which it was purchased, within the cancellation period specified at the time of purchase. In all other cases of personalization, a refund is not possible. Kompasso.net is permitted to prove a higher damage and the Ticket Purchaser is permitted to prove a lower damage.

8.3 Changes to the content of events Organizers may change the program if special occurrences or events beyond the Organizer’s control make this necessary. In this case, there is no claim to exchange of Tickets or refund of the Ticket price, as far as the change is insignificant.

8.4 Cancellation, termination or rescheduling of events In the event of cancellation or postponement of events for which the Organizer is responsible, as well as in the event of other occurrences giving rise to claims against the Organizer, the Ticket Purchaser’s claim shall only be against the Organizer and shall be limited to the reimbursement of the nominal value of the Ticket. If the event consists of several parts or is spread over several days and the cancellation or postponement affects only part of the event, a claim for reimbursement generally exists only with regard to the cancelled or postponed part of the event; in this case, the Tickets otherwise remain valid. Travel and accommodation expenses will not be reimbursed. Clause 8.7 remains unaffected.

8.5 Refund on instruction of the Organizer If Kompasso.net has been instructed in an individual case by the respective Organizer to refund the Ticket price in the Organizer’s name and for the Organizer’s account, Kompasso.net shall make the refund on behalf of the Organizer; its own refund claims against Kompasso.net do not exist in this respect, insofar as Kompasso.net is not the seller of the Tickets. The refund includes the printed Ticket price and will be made exclusively to the original Ticket Purchaser. For the refund in case of cancellation of a concert, the refund conditions for concert cancellation apply.

8.6 Refund in case of insolvency or inability to pay of the Organizer. Kompasso.net is not permitted, due to insolvency law regulations, to refund the Ticket price to the Ticket Purchaser in the event of the insolvency or inability to pay of the Organizer. In this case, the refund will only be made directly by the Organizer.

8.7 Liability

  1. a) Unlimited liability Kompasso.net, its legal representatives, executive employees or vicarious agents shall be liable without limitation in accordance with the statutory provisions of the Federal Republic of Germany (i) for damages resulting from injury to life, body or health, (ii) in the event of intent or gross negligence, (iii) in accordance with the Product Liability Act as well as (iv) in the event of the assumption of guarantees.

b)Limited Liability. Kompasso.net, its legal representatives, executive employees or vicarious agents shall only be liable for slight negligence in the event of a breach of an “essential” obligation under these Kompasso.net GTC. “Essential” obligations are those obligations which are necessary in each case for the performance of the contract for the sale of Tickets and the staging of its own events, the breach of which would jeopardize the achievement of the purpose of the contract and on the compliance with which the Ticket Purchaser may therefore regularly rely. In these cases, liability is limited to typical and foreseeable damages.

8.8 Release from claims. Insofar as the Ticket Purchaser is at fault, the Ticket Purchaser shall indemnify Kompasso.net against all claims asserted against Kompasso.net by third parties due to the conduct of the Ticket Purchaser in connection with the purchase of Tickets or the staging of Kompasso.net’s own events and shall bear the legal defence costs incurred in this respect in the statutory amount. In the event of a claim by a third party, the Ticket Purchaser is obliged to provide Kompasso.net without delay with truthful and complete information required for the examination of the claims and a defence.

  1. Regulations for the attendance of events

9.1 Applicability. The following terms and conditions for the attendance of events apply to all events, unless an Organizer agrees with the Ticket Purchaser on the application of separate Organizer GTCs.

9.2 Admission to and participation in events. When attending an event, the rules and regulations of the Organizer and the venue (hereinafter collectively referred to as “Rules of Conduct”) must be observed. Rules of conduct also result in particular from the house rules of the respective venue, notices there, instructions from service personnel or announcements. A violation of the Rules of Conduct or unacceptable behaviour that is likely to cause disruptions in the course of the event, damage to the venue, safety devices or stage equipment, or cause a significant nuisance or infringement of the rights of others, entitles the Organizer to expel the visitor from the venue. The same applies to refusal of admission.

9.3 Admission controls. The assigned security personnel may carry out searches of persons and carried bags, etc. at the entrance to a venue in order to ensure the safety of visitors or compliance with the Rules of Conduct.

9.4 Image and sound recordings of the Organizer. Kompasso.net points out that image and sound recordings are made at events and that the visitors as part of the audience may be affected by this. It is the responsibility of the visitor to inform himself/herself about the making of such recordings before purchasing the ticket from the Organizer.

9.5 Image and sound recordings by visitors. The rights to make and use image and sound recordings are governed by the Organizer GTC. The making of recordings for other than purely private purposes shall in any case require the prior written consent of the Organizer. The deletion or destruction of corresponding recordings can be demanded.

9.6 Carrying objects, animals, food or beverages. The use of lasers or cell phones may be prohibited, as may the carrying of animals with the exception of guide dogs. The same may apply to food or beverages. It is the responsibility of the Ticket Purchaser to inquire about such restrictions with the Organizer or the venue before purchasing the ticket.

9.7 Late arrival. Latecomers have no right to be admitted immediately. The Organizer will attempt to admit latecomers at a convenient time that does not disrupt the performance, such as during an intermission.

9.8 Leaving the Venue Early. Leaving the venue before the end of the performance may result in denial of re-admission.

10 Special regulations for events due to infection protection law related restrictions

10.1 Data submission for contact tracking as an admission prerequisite. For your safety and the safety of other event visitors, the Organizer of an event may collect certain data from visitors attending the event (e.g., first name, last name, phone number, and/or well-being information, hereinafter referred to as “Contact Tracing Data”) to enable contact tracing and prevent the spread of infectious diseases based on requirements set by applicable infection protection laws or other laws or governmental directives and measures. It is a condition of entry that all Ticket holders who wish to attend such event provide Contact Tracing Data when requested to do so. By purchasing the Ticket, the Ticket Purchaser agrees to provide complete and truthful information to the Organizer in a timely manner via the means we provide (e.g., an online form or via a check-in desk at the event). Kompasso.net will contact the Ticket Purchaser in a timely manner to inform if the Organizer requires Contact Tracing Data for the event and how and when such data must be provided. Contact Tracing Data will be collected and processed in accordance with the privacy policy of the respective Organizer.

10.2 Safety measures to protect the health of visitors. Organizers are entitled to take appropriate health protection measures in addition to the contact tracking data (cf. Clause 10.1). These measures include in particular, but are not limited to:

o presentation or notification of a current negative test (in accordance with the requirements of the applicable guidelines) for an infection and/or proof of immunisation officially recognised by the German authorities, in compliance with the applicable data protection provisions;

o verification of the normal body temperature by temperature measurements;

o wearing a mouth-nose protection (also: FFP2 mask) on the event site and in the immediate vicinity;

o compliance with hygiene rules (e.g. regular hand washing) and other instructions and directions given by the organizer and its event and security staff or the event venue.

By purchasing the Ticket, the Purchaser declares that he/she will observe the respective specifications of the Organizer as well as the regulations and recommendations of the competent authorities applicable at the time of the event and any applicable codes of conduct. Both the Purchaser and the Visitor should visit the event website in good time before the event to find out about the protective measures applicable in each case.

10.3 Denial of Admission in the event of violation of sections 10.1 and 10.2. If a Ticket holder who wishes to attend an event for which the provision of data in accordance with section 10.1 is required violates the obligation in section 10.1, the Organizer is entitled to deny him admission or to refuse further participation in the event without any right to reimbursement of the Ticket price.

10.4 Ticket Transfer . In the event that a Ticket Purchaser intends to sell or otherwise share a Ticket to an event that requires visitors to provide Contact Tracing Data, these Kompasso.net GTC must be agreed to by the Recipient as part of the sharing, including but not limited to the requirement for the visitor to provide complete and truthful Contact Tracing Data (cf. section 10.1) in a timely manner through the means provided as well as the observance of the measures according to section 10.2.

10.5 Liability in relation to infectious diseases. Despite the reasonable measures taken in relation to each event, the risk of transmission cannot be completely eliminated. When a visitor participates in an event, the visitor bears the risk in connection with an infectious disease Covid-19 himself. In this respect, the liability of Kompasso.net and/or the Organizer and/or the partner for distribution for damages is excluded. Section 8.7 remains unaffected.

  1. Final provisions

11.1 Ineffectiveness of provisions The invalidity of individual provisions shall not affect the validity of the remaining provisions.

11.2 Applicable law The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of German private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG).

11.3 Place of performance and jurisdiction. The sole place of performance for deliveries, services as well as payments is Berlin, provided that the Ticket Purchaser is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB). If the Ticket Purchaser is an entrepreneur, Berlin shall be the exclusive (also international) place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. In the case of cross-border contracts, this shall also apply to consumers; in this case, Kompasso.net reserves the right to also invoke any other internationally competent court.

11.4 Online dispute resolution. The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Kompasso.net’s email address is info[at]kompasso.net.de. Kompasso.net is neither obliged nor willing to participate in the dispute resolution procedure.

11.5 Transfer of rights. Kompasso.net shall be entitled to transfer any rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks.

Status: 28 March 2024