Terms and Conditions

This translation has been generated automatically and is for informational purposes only. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.

These General Terms and Conditions consist of two parts:

A: Our General Terms and Conditions for the purchase of tickets

B: Our General Terms and Conditions for the purchase of vouchers

1. Contact Details and Scope
1.1. Our contact details are:

Braunschweiger Konzertdirektion Walter E. Schmidt GmbH Alsterterrasse 10 D-20354 Hamburg Telephone hotline: +49 531 44 11 5

Our Data Protection Officer, Dr Uwe Nolte, can be reached at the following contact details and by email at datenschutz@deutsche-klassik.de:

Dr. Uwe Nolte 
Dr. Nolte Datenschutz & QM 
Am Ziegelteich 44 b D-22525 Hamburg 
Telephone: +49 160 63 222 32

1.2. These General Terms and Conditions ("T&Cs") apply to events that we offer, either in our own name or on behalf of another organiser. They apply to single tickets as well as to subscriptions.

1.3. If any other terms and conditions form part of the contract, in particular those of another organiser, these T&Cs take precedence over such other terms in the event of any conflict.

1.4. In addition to these T&Cs, the house rules displayed at the venue apply. In the event of any conflict, these T&Cs take precedence over the house rules.

2. Contracting Parties and Services

2.1. Where we sell tickets not as the organiser in our own name but on behalf of another organiser, we act as that organiser's agent. In that case, the rights and obligations under the event contract arise between the relevant organiser and the customer. Any claims the customer may have under the event contract (for example, concerning the holding, cancellation or rescheduling of the event) must therefore be made against the organiser, not against us. The organiser has instructed us to carry out and process the ticket sales (handling the ordering process, sending out tickets, processing payments, etc.). The organiser remains the contracting party. To help us deal with any questions or problems more quickly, customers are asked to contact us as their first point of contact.

2.2. The event contract includes an entitlement to travel on local public transport only if and to the extent that this is stated in our ticket description or during the ordering process. The transport contract is concluded solely between the customer and the transport company; the customer therefore has no claim against the organiser for transport.

3. Orders, Contract Formation, and Ballots

3.1. A customer's order at an advance booking outlet, by telephone or in the online shop constitutes an offer to enter into an event contract, which we accept, in our own name or on behalf of another organiser, in accordance with the provisions below.

3.2. For orders placed at an advance booking outlet, the contract is concluded when the ticket is handed over.

3.3. For telephone orders, the contract is concluded when one of our staff confirms acceptance over the phone.

3.4. For orders placed in the online shop, the contract is concluded as follows: The customer selects the ticket they wish to buy and adds it to their shopping basket. Once the customer has confirmed that they have read these T&Cs, they are prompted via the "Checkout" button to enter their personal details or to log in. The customer is then shown the available payment methods and, once again, the contents of their basket. After selecting a payment method, the customer is shown a summary of all order details. By clicking the "Buy now" button, the customer places the order and thereby makes their offer to enter into a contract. The organiser accepts the offer by email.

Until the "Buy now" button has been clicked, the order details can be changed at any time, or the purchase can be abandoned. To change the order details, customers can either use their browser's "Back" function or use the individual buttons in the shopping basket system to go to the relevant page of the ordering process and make changes there.

The specific contract text of the order is not stored. Before submitting the order, however, the customer can view the contract details, print them using the browser's print function and save them themselves. The details can also be viewed at any time after the order in the customer account.

3.5. Where tickets are allocated by draw, for example because of high demand, an event contract is concluded only if the participant has been drawn for the purchase of a ticket and an event contract is then concluded with them. Details of how to take part and how the draw works are set out in the relevant terms of participation for the draw.

Participation in the draw is non-binding for the participant, and neither we nor any other organiser charge any fee for taking part.

The draw is not open to legal challenge. No rights can be derived from participation in the draw alone.

Participation in the draw is permitted only up to the stated maximum number of tickets. Participants who circumvent this rule, for example by entering different names, may be excluded from the draw. The same applies to persons who are excluded from purchasing tickets for other reasons.

4. Price Components, Postage and Packaging, and Payment Terms

4.1. The amount payable by the customer for tickets may exceed the prices printed on the tickets because, for example, advance booking outlets may charge separate booking fees. Where processing and postage fees are charged in our online shop, these are shown in the shopping basket before the customer places the order, so that the total price payable is always clear. All prices shown in the online shop include value added tax at the applicable statutory rate.

4.2. If tickets are posted, they are sent by standard post. An additional handling fee, which includes the postage costs, is charged for this and is shown during the ordering process before the customer places the order.

4.3. Depending on the event and how the order is placed, the customer can choose between different payment methods. These are shown during the ordering process before the order is placed and may include, for example:

● Cash (only at advance booking outlets)
● Payment in advance (bank transfer)
● Credit card (Visa, MasterCard / EuroCard)

4.4. If the customer chooses payment in advance, the total price must be transferred to the account we specify by the date stated in our invoice. The ordered tickets will be sent only once the full amount has been received.

4.5. If an instant payment system (e.g. Sofort-Überweisung) has been selected as the payment method, the customer will be redirected either to the order summary page or to the website of the instant payment provider, where they must make the relevant selection or enter their personal details.

4.6. We and/or the organiser reserve the right to restrict the use of the payment methods listed above, on a case-by-case basis, to one or only certain payment methods.

5. Payment Due Dates, Retention of Title, and Chargebacks

5.1. The purchase price is due immediately upon conclusion of the contract, unless we or the organiser have stated otherwise (e.g. for payment in advance).

5.2. Tickets remain the property of the organiser until payment has been made in full.

5.3. If a credit card payment is charged back, the customer must reimburse the costs incurred as a result of the chargeback, in particular third-party fees such as those charged by the banks involved. Any further claims of the organiser arising from default or non-performance by the customer remain unaffected. To avoid the costs associated with a chargeback, customers are asked, if they withdraw from the purchase contract, return tickets or make a complaint, not to dispute the charge but to contact us to arrange the reversal of the payment.

6. Delivery and Risk

6.1. Tickets are either handed to the customer on site, sent to them on request, or made available as a digital ticket (e.g. a mobile ticket or a ticket sent by email to be printed out). Tickets can be posted only up to 10 days before the event at the latest. If a ticket carries a barcode, only its first use entitles the holder to admission, regardless of whether it is presented as an original ticket or as a digital ticket. It is the customer's responsibility to protect their web shop account, their printed ticket or their digital ticket from unauthorised access by third parties. If the ticket does not carry a barcode, the same principle applies: only the first printout presented to the admission staff entitles the holder to admission. Copies or reprints of the ticket are made at the customer's own risk.

6.2. If tickets are posted at the customer's request, the risk of accidental loss, destruction or deterioration passes to the customer as soon as the tickets have been handed over to the carrier by the organiser or by us as the organiser's agent. We choose the carrier.

6.3. If tickets are held for collection at an advance booking outlet or the box office on the night of the event at the customer's request, the customer can collect them there only during opening hours.

7. Maximum Order Quantities and Contractual Penalties

7.1. Each customer may order no more than the maximum number of tickets stated, regardless of the number of orders placed. It is prohibited to circumvent this limit, for example by entering different names.

7.2. In the event of a breach of this prohibition, the organiser is entitled to withdraw from the event contracts the customer has concluded for that event in excess of the maximum quantity (e.g. by blocking the tickets). Where contracts were concluded at the same time, the organiser may choose which of them to withdraw from. The customer must also pay the organiser a contractual penalty. The amount is to be set by the organiser at its reasonable discretion and may be reviewed by the competent court in the event of a dispute, but may not exceed five times the value of the tickets affected by the withdrawal. If the customer is entitled to a refund as a result of the withdrawal, the organiser may set it off against the contractual penalty. Any other contractual penalties must be taken into account when setting the amount. The organiser's claims for damages remain unaffected, although contractual penalties will be credited against any claims for damages arising from the same facts.

8. Additional Provisions for Subscriptions

8.1. A subscription applies to the series booked for the concert season booked. It renews automatically for a further season unless the customer or the organiser terminates it in writing (text form) at the end of the booked (or renewed) season. The notice period is set out in the relevant subscription description.

8.2. In the event of a breach of the provisions in Sections 9.6 and 9.10 (unauthorised transfer and failure to name the recipient) and Section 10.1 (purchase under a false or another person's name), the organiser is entitled to terminate the subscription for cause with immediate effect.

8.3. If the customer is unable to attend an event in their subscription series and waives their right to attend, the organiser may offer them a voucher as a replacement. The customer has no entitlement to such an exchange. In agreement with the organiser, and subject to availability, the voucher may be redeemed for a ticket to another event during the same concert season. If the ticket chosen costs more than the share of the subscription price attributable to the event not attended, the customer must pay the difference.

8.4. If an event in a subscription series is cancelled, the organiser may either refund the customer the share of the subscription price attributable to the cancelled event or offer the customer a voucher as a replacement. The provisions of Section 8.3, sentences 3 and 4, apply to the redemption of the voucher.

9. Admission Rights, Assignment of Contract, Name Registration, Resale and Transfer Restrictions, Consequences of Breach, and Contractual Penalties

9.1. The organiser has an interest in preventing the resale of tickets at inflated prices and the risk of criminal offences in connection with attendance at events. For this reason, the following rules apply to the use and transfer of tickets.

9.2. A right to attend the event exists only on the basis of the event contract that the attendee has concluded with the organiser or has entered into under the conditions of Section 9.4. A further requirement for attending the event is that the attendee presents the ticket bearing their name on the front. If a name has already been entered because the event contract has been lawfully assumed and the ticket handed on, that name must be crossed out and the name of the person entering into the contract written in the blank space on the front, without writing over the ticket's barcode.

9.3. Proof that the attendee is the organiser's contracting party and has therefore acquired the right to attend is provided by presenting the ticket and, at the organiser's request, photo ID. The organiser reserves the right to refuse entry to the event to ticket holders who have not acquired a right to attend, in particular by blocking the ticket. If the organiser allows the ticket holder to enter, it is released from its obligation to perform towards its contracting party even if the ticket holder is not the contracting party or has no right to attend. Only one person is entitled to attend the event per right to attend.

9.4. The purchaser can transfer the rights and obligations under the event contract (and with them the right to attend) to a third party only by having that third party enter into the event contract in their place, assuming all rights and obligations under the contract (assumption of contract). This requires the organiser's consent, which is hereby given in advance subject to the restrictions set out in Section 9.5. The transfer of individual rights under the event contract, in particular the right to attend, is excluded unless the third party simultaneously enters into all rights and obligations under the event contract with the organiser's consent. If a contracting party of the organiser has lawfully acquired several rights to attend under one event contract and lawfully transfers these to several third parties by way of assumption of contract, a separate event contract is concluded with each person entering into the contract.

9.5. In order to prevent the resale of tickets at inflated prices and the risk of criminal offences in connection with attendance at events, the organiser's consent to a third party entering into the event contract under Section 9.4 is not given in the following cases:

• Where tickets are sold, either by the customer or by third parties, at a resale price that exceeds by more than 10% the amount the customer paid for the ticket in question, including any fees such as advance booking, processing and service fees and postage costs, plus a flat fee of EUR 5.00. This applies in particular to private transfers as well.
• Where tickets are sold at auctions (in particular on the internet), either by the customer or by third parties.
• Where tickets are sold via internet marketplaces or online ticket exchanges, either by the customer or by third parties.
• Where tickets are sold on a professional or commercial basis without the organiser's express prior written consent.
• Where tickets are passed on, whether for payment or free of charge, for advertising or marketing purposes, as a bonus, promotional gift or prize, or as part of a hospitality or travel package, without the organiser's express prior written consent.
• Where tickets are knowingly passed on to persons who are banned from the event premises.

9.6. Reselling and transferring tickets in breach of Section 9.5 is prohibited. The same applies to offering tickets for sale where the resale or transfer corresponding to the offer would breach Section 9.5.

9.7. For each breach of the prohibition in Section 9.6, the customer must pay the organiser a contractual penalty. The amount is to be set by the organiser at its reasonable discretion and may be reviewed by the competent court in the event of a dispute, but may not exceed EUR 2,500.00 per breach. The number of breaches is determined by the number of tickets unlawfully offered, resold or transferred. Any other contractual penalties must be taken into account when setting the amount. The organiser's claims for damages remain unaffected, although contractual penalties will be credited against any claims for damages arising from the same facts.

9.8. In the event of a breach of the prohibition in Section 9.6, the organiser is entitled, in addition to demanding a contractual penalty and, where applicable, damages, to withdraw from the event contract and/or to block the ticket and refuse the ticket holder entry to the event. If the customer is entitled to a refund as a result of the withdrawal or blocking, the organiser may set it off against the contractual penalty.

9.9. In the event of a breach of the prohibition in Section 9.6, the organiser is entitled, without prejudice to its freedom to contract, to exclude the customer from purchasing tickets in the future.

9.10. If a ticket is resold or transferred, the customer must, at the organiser's request, give the organiser the recipient's name and address within 14 days.

9.11. If the customer fails to comply with their obligation under Section 9.10 in time and, as a result, the organiser is unable to claim a contractual penalty from the recipient or any further transferee for a breach of the prohibition in Section 9.6, the organiser is entitled to demand a contractual penalty from its contracting party. The amount is to be set by applying Section 9.7 accordingly, taking due account of any other contractual penalties, and may be reviewed by the competent court in the event of a dispute.

9.12. Where we act on behalf of another organiser, we are entitled, by virtue of our position as the organiser's agent, to exercise the organiser's rights set out in this Section 9 on its behalf and in its name.

9.13. Sections 9.1 to 9.12 also apply to subscription passes and their transfer for one or more events. In the case of a permitted transfer, the transferee enters into the subscription contract under Section 9.4 for the events for which the subscription pass is handed to them. The transfer takes place in the same way as for a single ticket, i.e. the name of the person entitled is crossed out and the name of the person entering into the contract is written in the blank space on the front, without writing over the subscription pass's barcode. The permitted surcharge for subscription passes in the event of a permitted transfer by way of assumption of contract by a third party under Section 9.5, first bullet point, is calculated by dividing the total price of the subscription by the number of events covered by the subscription, in each case for the season in question.

10. Purchase Under a False or Third-Party Name; Contractual Penalties

10.1. The purchase of tickets under a false name or in the name of a third party, in particular by operators of online ticket platforms, is prohibited.

10.2. The Organiser shall be entitled to withdraw from the contract if a ticket is purchased in breach of the prohibition set out in Clause 10.1 and the contract was initially concluded because the Organiser was unaware of the breach.

10.3. In addition, for each breach of the prohibition set out in Clause 10.1, the purchaser of the ticket shall be required to pay the Organiser a contractual penalty, the amount of which shall be determined by the Organiser at its reasonable discretion and may, in the event of a dispute, be reviewed by the competent court, but shall not exceed EUR 2,500.00 per breach. The number of breaches shall be determined by the number of tickets purchased in the name of a third party.

10.4. Where the Customer is entitled to a refund as a result of the Organiser's withdrawal pursuant to Clause 10.2, the Organiser may set off such refund against the contractual penalty payable pursuant to Clause 10.3. Any other contractual penalties shall be taken into account when determining the amount of the contractual penalty. This shall not affect any further claims for damages; however, contractual penalties shall be set off against claims for damages arising from the same circumstances.

10.5. Where we act on behalf of another Organiser, our capacity as the Organiser's representative shall, in particular, entitle us to exercise on the Organiser's behalf and in its name the rights of the Organiser set out in Clauses 10.1 to 10.4.

11. Concessions and Verification of Eligibility

11.1. Admission to an event at a concessionary price is only permitted if the relevant entitlement to the concession still exists on the date of the event. Proof of entitlement must be produced to the admission staff on request. If such proof is not produced, the Customer shall only be entitled to admission to the event upon payment of the difference between the concessionary price and the full ticket price. Concessions may not be combined (e.g. a student discount and a concession for persons with disabilities).

11.2. If the Customer is not yet entitled to a concession at the time the contract is concluded but subsequently becomes entitled to one, the Customer shall not be entitled to a retrospective reduction in price or to withdraw from the contract. The same shall apply where an Organiser introduces and offers additional concessions at a later date.

11.3. Upon receipt, the Customer must check the tickets without undue delay to ensure that all details, including the number of tickets, date and venue of the event, time, concession and other particulars, are correct and must raise any complaints without undue delay. Where a ticket is purchased from a box office or other advance booking outlet, it must be checked immediately at the point of purchase. The same applies to the confirmation email sent to the Customer, which must likewise be checked for accuracy without undue delay upon receipt. Complaints concerning tickets not purchased in person may be made by telephone via our hotline or by email. Our hotline number and email address are set out in Clause 1.1.

12. Event Cancellations, Rescheduling, and Changes

12.1. The Organiser reserves the right to cancel or discontinue an event on grounds of force majeure (including, in particular, severe weather, earthquakes, flooding, fire, war, strikes or operational disruption caused by external circumstances, such as a power failure), where the public security authorities advise against or prohibit the holding or continuation of the event owing to the risk of a terrorist attack, or where a performer is unavailable, ill or has died and no replacement is available or cancellation or discontinuation is appropriate on grounds of respect for the deceased. In such cases, the Customer shall receive a full refund of the ticket price or, where the event is discontinued after it has commenced, a proportionate refund. Any further claims by the Customer shall be excluded where the Organiser is not responsible for the circumstances giving rise to the cancellation or discontinuation of the event. The Organiser's statutory rights to cancel or discontinue an event shall remain unaffected.

12.2. Where a performer is unavailable, ill or has died, the Organiser reserves the right, acting at its reasonable discretion, to change the cast and/or programme or, for any of the reasons specified in Clause 12.1, to move the event to another venue or reschedule it to another date, provided that this is reasonable for the Customer, taking into account the Organiser's interests. In such cases, the Customer shall have no right to withdraw from the contract or to a reduction in price. The Organiser's statutory rights to reschedule or make changes to an event shall remain unaffected.

12.3. The Organiser reserves the right, even after conclusion of the contract, to allocate the Customer a different seat for the relevant event, acting at its reasonable discretion, where the seat specified on the ticket is unavailable (e.g. due to a defect), provided that this is reasonable for the Customer, taking into account the Organiser's interests. In such cases, the Customer shall have no right to withdraw from the contract or to a reduction in price. The Organiser's statutory rights to change a seat allocation shall remain unaffected.

13. Liability

13.1. The Organiser shall not be liable for loss or damage arising from injury to life, limb or health unless such loss or damage results from a culpable (i.e. intentional or negligent) breach of duty by the Organiser or by its statutory representatives or agents engaged in the performance of its obligations.

13.2. In respect of loss or damage other than that arising from injury to life, limb or health, the Organiser shall only be liable where such loss or damage results from intentional misconduct or gross negligence on the part of the Organiser or its statutory representatives or agents engaged in the performance of its obligations. Where, however, the loss or damage results from a breach of material contractual obligations (i.e. obligations whose performance is essential to the proper performance of the contract and on whose performance the other contracting party normally relies and is entitled to rely), the Organiser shall be liable for any degree of fault; in cases of ordinary negligence, however, such liability shall be limited to loss or damage that was foreseeable and typical for this type of contract.

13.3. Liability under the German Product Liability Act (Produkthaftungsgesetz), which governs a manufacturer's liability for products, shall remain unaffected by Clauses 13.1 and 13.2.

13.4. Clauses 13.1 to 13.3 shall apply accordingly to the liability of the Organiser's agents engaged in the performance of its obligations and its statutory representatives. They shall likewise apply accordingly to our liability and to the liability of our agents engaged in the performance of our obligations and our statutory representatives.

13.5. The burden of pleading and proof shall remain unaffected by this Clause 13.

14. Wheelchair Users

Spaces are available for wheelchair users. The right to an accessible space only arises where a requirement has been indicated before purchasing a ticket and the promoter has confirmed that such a space is available.

15. Right of Withdrawal

The customer has no right to withdraw from their contractual declaration, as no right of withdrawal exists pursuant to Section 312g(2), sentence 1, no. 9 of the German Civil Code (BGB). Tickets are therefore non-refundable and cannot be returned.

16. Data Protection

16.1. Contact details: We are the controller within the meaning of Article 4(7) of the General Data Protection Regulation (GDPR). Our address and contact details, together with the address and contact details of our Data Protection Officer, including the latter's email address, are set out in Clause 1.1.

16.2. Purpose and legal basis of processing: Where the purchase of a ticket or subscription requires the Customer to provide personal data (hereinafter referred to as “Data”), such Data shall be processed for the purposes of entering into and performing the contract (including the pursuit of legal claims and debt recovery) in accordance with the applicable data protection legislation, in particular Article 6(1)(b) GDPR. The Data shall also be processed in accordance with data protection legislation for the purposes of the Organiser's legitimate interests (in particular Article 6(1)(f) GDPR). Subject to the provisions below, those legitimate interests consist of avoiding payment defaults affecting the Organiser or third parties and providing the Customer with product information.

16.3. Categories of Data: The following categories of Data are processed: master data (such as name and address), communications data, contractual and order data, claims data and, where applicable, payment and default information.

16.4. Third-party recipients: Data may also be exchanged with third parties (e.g. Organisers and service providers) for the purpose of performing the contract. Furthermore, subject to the applicable legal requirements, Data may also be transmitted – including prior to conclusion of the contract – to credit reference agencies, such as SCHUFA, in order to prevent payment defaults affecting the Organiser or third parties, for example for the purpose of obtaining probability scores relating to the risk of payment default or reporting undisputed claims or claims established by final judgment which are owed to the Organiser and in respect of which the Customer is in default. Credit reference agencies also store the Data transmitted to them in order to make it available to their affiliated contractual partners for the purpose of assessing the risk of payment default. Such Data shall, however, only be made available where the contractual partners affiliated with the credit reference agency can demonstrate a legitimate interest in receiving it. A credit reference agency may provide address data for the purpose of tracing debtors. The Customer may obtain information from the credit reference agency concerning the Data stored about them. In connection with debt recovery, Data may be transmitted to the following categories of recipients where this is necessary for the recovery of the debt: assignees, credit reference agencies, debt collection agencies, third-party debtors, residents' registration offices, courts, enforcement officers and lawyers. In the event of a breach of Clauses 9.6 and 9.10 (unauthorised transfer and failure to identify the recipient) or Clause 10.1 (purchase under a false or third party name), Data may also be disclosed to third parties that require such Data for the legal pursuit of similar infringements, for example a competition enforcement body.

16.5. Product information: In accordance with data protection legislation (in particular Article 6(1)(f) GDPR), Data shall be used to provide the Customer, by post or – subject to Section 7(3) of the German Act Against Unfair Competition (UWG) – electronically, with information concerning other services offered by the Organiser.

16.6. Data retention period: Data shall be deleted without undue delay where there is a legal obligation to do so, in particular where the Data is no longer required for the purposes for which it was collected and no statutory retention requirements prevent its deletion. Irrespective of the foregoing, a review shall be carried out every three years to determine whether the Data can be deleted.

16.7. Customer's rights to object: The Customer may at any time object to the processing of Data for the purpose specified in Clause 16.5 by contacting the Organiser. Independently of the foregoing, the Customer has a right to object pursuant to Article 14(2)(c) in conjunction with Article 21 GDPR to processing carried out pursuant to Article 6(1)(f) GDPR.

16.8. Other rights of the Customer: Where the statutory requirements, in particular those of the GDPR, are met, the Customer shall have the following rights: the right of access, rectification, erasure, restriction of processing and data portability. The Customer may also lodge a complaint with the supervisory authority concerning the processing of Data relating to them. The address of the supervisory authority responsible for us is:

The State Commissioner for Data Protection of Lower Saxony
Ms Barbara Thiel
Prinzenstraße 5
D-30159 Hanover
Germany
Telephone: +49 511 120-45 00
Fax: +49 511 120-45 99
Email: poststelle@lfd.niedersachsen.de
Website: www.lfd.niedersachsen.de

17. Dispute Resolution

The EU provides an online platform for the out-of-court resolution of consumer disputes at: https://consumer-redress.ec.europa.eu/index_de

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. If you require clarification of any matter, you may contact us at any time.

18. Governing Law and Jurisdiction

18.1. The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18.2. The German courts shall have exclusive international jurisdiction over disputes arising out of or in connection with the contract relating to the event where the Customer entered into the contract for a purpose attributable to their trade, business or profession, or where, at the time the contract was concluded, the Customer was domiciled or habitually resident in the Federal Republic of Germany. In all other respects, the statutory rules governing jurisdiction shall apply.

18.3. Where the German courts have international jurisdiction and the Customer was a merchant (Kaufmann) within the meaning of German commercial law at the time the contract was concluded, exclusive local jurisdiction shall lie with the courts in whose district our registered office is situated. In all other respects, the statutory rules governing jurisdiction shall apply.

1. Contact Details and Scope

1.1. Our contact details are:

Braunschweiger Konzertdirektion Walter E. Schmidt GmbH
Alsterterrasse 10
D-20354 Hamburg
Germany

Telephone hotline: +49 531 44 11 5

Our Data Protection Officer can be contacted using the contact details stated above or by email at datenschutz@deutsche-klassik.de.

1.2. These General Terms and Conditions apply to contracts for the purchase of gift vouchers concluded through our online shop, by telephone or at our advance booking outlets.

1.3. These General Terms and Conditions do not apply to the purchase of tickets or subscriptions. Such purchases are instead governed by our General Terms and Conditions for the Purchase of Tickets, set out above under Part A.

1.4. Any terms and conditions of the Customer that deviate from or conflict with these General Terms and Conditions shall not apply unless we have expressly agreed to them in writing.

2. Contracting Parties

The offer to purchase gift vouchers from us is directed exclusively at consumers. A consumer is any person who enters into the contract for purposes which are predominantly outside that person's trade, business or profession.

3. Redemption of Gift Vouchers / Remaining Balance / Transferability / Loss / Period of Validity

3.1. Gift vouchers may be redeemed exclusively for the purchase of tickets from us through our online shop or by telephone. The purchase of such tickets shall be governed by our General Terms and Conditions for the Purchase of Tickets, set out above under Part A.

3.2. Gift vouchers, including any part of their value, cannot be redeemed for cash. Where a gift voucher is redeemed only in part, the remaining balance shall be retained and may be used towards a subsequent purchase of tickets from us.

3.3. Gift vouchers are transferable. A gift voucher may not be redeemed more than once, including by means of copies or reprints.

3.4. We may validly discharge our obligations by providing performance to the person presenting the gift voucher. If the Customer loses a gift voucher, we shall not be obliged to provide performance. There shall be no entitlement to a replacement for a lost gift voucher.

3.5. A gift voucher shall remain valid only until the end of the third calendar year following the year in which it was issued. Example: if a gift voucher is issued on 1 April 2026, it shall remain valid until 31 December 2029.

4. Orders / Conclusion of Contract

4.1. An order placed by the Customer at an advance booking outlet, by telephone or through our online shop constitutes an offer to enter into a contract for the purchase of a gift voucher, which we shall accept in accordance with the provisions below.

4.2. Where a gift voucher is purchased at an advance booking outlet, the contract shall be concluded when the gift voucher is handed over to the Customer.

4.3. In the case of an order placed by telephone, the contract shall be concluded when one of our members of staff accepts the Customer's offer during the telephone call.

4.4. In the case of an order placed through the online shop, the contract shall be concluded as follows: the Customer selects the gift voucher they wish to purchase and adds it to their shopping basket. Once the Customer has confirmed that they have read and accepted the General Terms and Conditions, they will be prompted, via the “Proceed to checkout” button, to enter their personal details or log in. The available payment methods and the contents of the shopping basket will then be displayed again. Once the payment method has been selected, the Customer will be shown a summary of all order details. By clicking the “Buy now” button, the Customer submits the order and thereby makes an offer to enter into the contract. Acceptance by the Organiser shall be communicated by email.

Until the “Buy now” button has been clicked, the order details may be amended at any time or the purchase process may be cancelled. To amend the order details, the Customer may either use the browser's “Back” function or use the individual buttons within the shopping basket system to return to the relevant stage of the ordering process and make the desired changes.

The specific text of the contract relating to the order will not be stored. Before submitting the order, however, the Customer may view the contractual details, print them using the browser's print function and save the details themselves. The details may also be viewed in the Customer's account at any time after the order has been placed.

5. Price Components, Delivery Charges and Payment Terms

5.1. All prices quoted include VAT at the applicable statutory rate.

5.2. Where gift vouchers are sent by post, they shall be sent by ordinary post. An additional handling charge, which includes postage costs, shall be payable and shall be displayed during the ordering process before the Customer submits the order.

5.3. In the event of withdrawal, the Customer shall bear the direct cost of returning the goods.

5.4. As part of the ordering process, the Customer may select from various payment methods, which shall be specified during the ordering process before the Customer submits the order and may include, for example:

- cash (at advance booking outlets only);
- payment in advance;
- credit card (Visa, MasterCard / EuroCard);
- instant bank transfer.

5.5. Where payment in advance is selected, the total price must be transferred to the account specified by us by the date stated in our invoice. The gift vouchers ordered will not be dispatched until the full amount has been received.

5.6. Where an instant payment system (e.g. Sofort bank transfer) is selected as the payment method, the Customer will be redirected either to the order summary page or to the relevant website of the instant payment service provider. The Customer must then make the appropriate selection and/or enter the required personal details.

5.7. We reserve the right, on an individual basis, to restrict the payment methods referred to above to one or certain specified payment methods.

6. Due Date, Retention of Title and Chargebacks

6.1. Unless otherwise stated by us (e.g. in the case of payment in advance), the purchase price shall become due immediately upon conclusion of the contract.

6.2. Gift vouchers shall remain our property until payment has been made in full.

6.3. Where a credit-card payment is charged back, the Customer shall reimburse us for the costs incurred as a result of the chargeback, in particular any fees charged by third parties such as the banks involved. This shall not affect any further claims we may have as a result of the Customer's default or failure to perform. To avoid the costs associated with a chargeback, the Customer is requested, in the event of withdrawal from the contract, not to reverse the debit but instead to contact us to arrange the reversal of the payment.

7. Delivery and Passing of Risk

7.1. Gift vouchers shall be provided to the Customer in digital form, sent by post or handed over directly in person.

7.2. Where a gift voucher is dispatched at the Customer's request, the risk of accidental destruction, loss or accidental deterioration shall pass to the Customer as soon as we hand the gift voucher over to the carrier. We shall select the carrier.

7.3. A gift voucher may only be redeemed up to the total value stated on the voucher. Multiple redemption, including by means of copies or reprints, is prohibited. The Customer is responsible for protecting their online-shop account, printed gift voucher and/or digital gift voucher against unauthorised access by third parties.

8. Liability

8.1. We shall not be liable for loss or damage arising from injury to life, limb or health unless such loss or damage results from a culpable (i.e. intentional or negligent) breach of duty on our part or on the part of our statutory representatives or agents engaged in the performance of our obligations.

8.2. In respect of loss or damage other than that arising from injury to life, limb or health, we shall only be liable where such loss or damage results from intentional misconduct or gross negligence on our part or on the part of our statutory representatives or agents engaged in the performance of our obligations. Where, however, the loss or damage results from a breach of material contractual obligations (i.e. obligations whose performance is essential to the proper performance of the contract and on whose performance the other contracting party normally relies and is entitled to rely), we shall be liable for any degree of fault; in cases of ordinary negligence, however, such liability shall be limited to loss or damage that was foreseeable and typical for this type of contract.

8.3. Clauses 8.1 and 8.2 shall apply accordingly to the liability of our agents engaged in the performance of our obligations and our statutory representatives.

8.4. The burden of pleading and proof shall remain unaffected by this Clause 8.

9. Information on the Right of Withdrawal
9.1. Where gift vouchers are purchased at an advance booking outlet, the Customer shall have no right of withdrawal. In all other cases, in particular where a gift voucher is purchased through our online shop or ordered by telephone, the purchaser shall have a right of withdrawal provided that the purchaser is a consumer. A consumer is any person who enters into the contract for purposes which are predominantly outside that person's trade, business or profession.

9.2. Information concerning the right of withdrawal applicable in the cases specified in Clause 9.1 is provided below in Clause 9.3. The model withdrawal form that may be used to exercise the right of withdrawal is set out in Clause 9.4.

9.3. Information on the Right of Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, acquired physical possession of the goods.

To exercise your right of withdrawal, you must inform us (Braunschweiger Konzertdirektion Walter E. Schmidt GmbH, Alsterterrasse 10, 20354 Hamburg, Germany, Tel.: +49 531 44 11 5, email: info@meisterkonzerte-braunschweig.de) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form for this purpose, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event no later than fourteen days from the day on which we receive notification of your decision to withdraw from this contract.

We shall make the reimbursement using the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You shall bear the direct cost of returning the goods.

You shall only be liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish their nature, characteristics and functioning.

9.4. Model Withdrawal Form: If you wish to withdraw from the contract, please complete this form and return it to us: Model Withdrawal Form.

10. Data Protection

10.1. Contact details: We are the controller within the meaning of Article 4(7) GDPR. Our address and contact details, together with the address and contact details of our Data Protection Officer, including the latter's email address, are set out in Clause 1.1.

10.2. Purpose and legal basis of processing: Where the purchase of a gift voucher requires the Customer to provide personal data (hereinafter referred to as “Data”), such Data shall be processed for the purposes of entering into and performing the contract (including the pursuit of legal claims and debt recovery) in accordance with the applicable data protection legislation, in particular Article 6(1)(b) GDPR. The Data shall also be processed in accordance with data protection legislation for the purposes of the Organiser's legitimate interests (in particular Article 6(1)(f) GDPR). Subject to the provisions below, those legitimate interests consist of avoiding payment defaults and providing the Customer with product information.

10.3. Categories of Data: The following categories of Data are processed: master data (such as name and address), communications data, contractual and order data, claims data and, where applicable, payment and default information.

10.4. Third-party recipients: Data may also be exchanged with third parties (e.g. service providers) for the purpose of performing the contract. Furthermore, subject to the applicable legal requirements, Data may also be transmitted – including prior to conclusion of the contract – to credit reference agencies, such as SCHUFA, in order to prevent payment defaults, for example for the purpose of obtaining probability scores relating to the risk of payment default or reporting undisputed claims or claims established by final judgment against the Customer in respect of which the Customer is in default. Credit reference agencies also store the Data transmitted to them in order to make it available to their affiliated contractual partners for the purpose of assessing the risk of payment default. Such Data shall, however, only be made available where the contractual partners affiliated with the credit reference agency can demonstrate a legitimate interest in receiving it. A credit reference agency may provide address data for the purpose of tracing debtors. The Customer may obtain information from the credit reference agency concerning the Data stored about them. In connection with debt recovery, Data may be transmitted to the following categories of recipients where this is necessary for the recovery of the debt: assignees, credit reference agencies, debt collection agencies, third-party debtors, residents' registration offices, courts, enforcement officers and lawyers.

10.5. Product information: In accordance with data protection legislation (in particular Article 6(1)(f) GDPR), Data shall be used to provide the Customer, by post or – subject to Section 7(3) of the German Act Against Unfair Competition (UWG) – electronically, with information concerning other services offered by the Organiser.

10.6. Data retention period: Data shall be deleted without undue delay where there is a legal obligation to do so, in particular where the Data is no longer required for the purposes for which it was collected and no statutory retention requirements prevent its deletion. Irrespective of the foregoing, a review shall be carried out every three years to determine whether the Data can be deleted.

10.7. Customer's rights to object: The Customer may at any time object to the processing of Data for the purpose specified in Clause 10.5 by contacting the Organiser. Independently of the foregoing, the Customer has a right to object pursuant to Article 14(2)(c) in conjunction with Article 21 GDPR to processing carried out pursuant to Article 6(1)(f) GDPR.

10.8. Other rights of the Customer: Where the statutory requirements, in particular those of the GDPR, are met, the Customer shall have the following rights: the right of access, rectification, erasure, restriction of processing and data portability. The Customer may also lodge a complaint with the supervisory authority concerning the processing of Data relating to them. The address of the supervisory authority responsible for us is:

The State Commissioner for Data Protection of Lower Saxony
Ms Barbara Thiel
Prinzenstraße 5
D-30159 Hanover
Germany
Telephone: +49 511 120-45 00
Fax: +49 511 120-45 99
Email: poststelle@lfd.niedersachsen.de
Website: www.lfd.niedersachsen.de

11. Dispute Resolution

The EU provides an online platform for the out-of-court resolution of consumer disputes at: https://consumer-redress.ec.europa.eu/index_de 

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. If you require clarification of any matter, you may contact us at any time.

12. Governing Law; Agreement on International and Local Jurisdiction

12.1. The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

12.2. The German courts shall have exclusive international jurisdiction over disputes arising out of or in connection with the contract where the Customer entered into the contract for a purpose attributable to their trade, business or profession, or where, at the time the contract was concluded, the Customer was domiciled or habitually resident in the Federal Republic of Germany. In all other respects, the statutory rules governing jurisdiction shall apply.

12.3. Where the German courts have international jurisdiction and the Customer was a merchant (Kaufmann) within the meaning of German commercial law at the time the contract was concluded, exclusive local jurisdiction shall lie with the courts in whose district our registered office is situated. In all other respects, the statutory rules governing jurisdiction shall apply.