General Terms and Conditions of Use of Tixnet GmbH
These General Terms and Conditions apply to the Sale and Brokerage of Tickets and other Services (“Tixnet GTC”).
Tixnet GmbH, based at Unter den Linden 24, 10117 Berlin, Germany, operates an online platform (referred to as the "Platform") through
www.tixnet.com and other domains. This Platform enables users to purchase tickets for a wide variety of events, including concerts, sports, theatre, and other entertainment activities. These Terms and Conditions govern the relationship between Tixnet, the Ticket Purchaser, and the organisers, defining the rights and obligations of all parties involved in transactions on the Platform.
1. Contractual Basis
1.1 Scope of the Tixnet GTC. These General Terms and Conditions (“Tixnet GTC”) govern the sale of tickets or other access authorisations, for various events ("Tickets") and other services and products via Tixnet GmbH, Unter den Linden 24, 10117 Berlin, (hereinafter referred to as "Tixnet").
1.2 Applicability of the Organiser GTC
1.2.1 Realisation of the events. The events are predominantly realised by other organisers and not by Tixnet. The agreement for attending an event is made between the ticket purchaser (“Ticket Purchaser”) and the organiser based on their specific terms and conditions. In this context, Tixnet serves solely as an agent or commission representative for the organiser, who is the official issuer of the tickets.
1.2.2 Validity of the provisions for event attendance in section 9. The provisions for event attendance in section 9 of these Tixnet GTC shall only apply insofar as the Organiser does not provide its own Organiser GTC to regulate the relevant points; in the event of contradictions, the Organiser GTC shall prevail.
2. Creation and protection of the Account
2.1 Creation of Account. Ticket purchasers are required to create an account on Tixnet's website or app ("Account") when making a purchase.
2.2 Protection of the Account. The Ticket Purchaser is responsible for safeguarding their account credentials and must ensure that others do not misuse their device to access the account. If the account is used by another person, the Ticket Purchaser may be held liable for any actions taken under their account, provided they bear responsibility for those actions.
3. Conclusion of the contract
3.1 Details of events. Event details such as the venue, start time, or content provided on the website are supplied by the respective organiser or third parties (collectively referred to as "Organiser Information"). Tixnet cannot verify this information, and the contract offer is based on it.
3.2 Acceptance of the contract offer. The contract between the Ticket Purchaser and the seller (as a rule, this is the respective Organiser; if Tixnet sells the Tickets on behalf of the Organiser as a commission agent, Tixnet is the seller of the Tickets) comes into effect by the acceptance of a purchase offer by Tixnet 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, Tixnet 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.
3.3 Purchase restrictions. To prevent ticket scalping a maximum number of tickets per purchaser may be applied as per the Organiser’s instructions, which may vary per event and will be outlined during the order process. If the maximum number is exceeded by the Ticket Purchaser, Tixnet reserves the right to block the tickets exceeding the maximum number for admission.
4. Price, Charges and Payment Methods
4.1 Payment.
4.1.1 Prices. Payment methods can include credit card, Apple Pay, Gpay, Paypal, bank transfer, invoice, or instalments, depending on the event and how you place the order. Tixnet charges additional service and shipping fees, as well as, where allowed by law, fees related to selected payment methods. These fees, which may vary by event, will be clearly communicated to the purchaser during the ordering process.VAT is included in the price.
4.1.2 Due date and collection of receivables. The purchase price and Fees are due for payment upon conclusion of the contract - within 4 working days in the case of bank transfer.
4.1.3 Payment Processing Partners. Tixnet hereby informs the Ticket Purchaser that it has entered into agreements with third-party financial entities to facilitate transactions and process payments on the Platform. These entities are independent of Tixnet. The use of their services by any User is subject to their own terms and conditions.
4.2 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, which you can find in the order confirmation, stating the order number, which has been communicated to you after completion of your order.
6. Tickets
6.1 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, 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. It is also your responsibility to prevent access and use of the tickets by unauthorised third parties.
6.2 Personalised Tickets. During the ordering process, the Ticket is personalised, even if the name isn’t printed on it. The organiser, as the issuer, intends to grant event access only to those who purchased the Ticket through Tixnet or via a valid transfer under Section 6.5. Should Tickets be personalised by being named, additional specific rules will apply:
6.2.1 Individual personalisation. For Tickets that are individually personalised, identification is typically required at entry. Access is granted solely to the person named on the Ticket, provided they can verify their identity with a valid personal document, driver's licence, or another form of proof agreed upon with the organiser. If the organiser offers the option to personalise tickets during purchase, the Ticket Purchaser must accurately provide the first and last names of any additional individuals for whom the personalised Tickets are being purchased.
6.2.2 Ticket Purchaser personalisation. When purchasing multiple Tickets that are automatically personalised in the name of the Ticket Purchaser, all Tickets may be issued in their name ("Ticket Purchaser-Personalised Tickets"), as decided by the organizer. In this case, for entry to the event with a Ticket Purchaser-Personalised Ticket not bearing the visitor's name, admission is allowed only if the visitor is accompanied by the Ticket Purchaser and can verify their identity with a valid form of identification or another form of proof as agreed with the organiser. Each accompanying person must have a separate Ticket in the Ticket Purchaser’s name.
6.2.3 Ticket re-personalisation. Re-personalisation of Tickets is only allowed in accordance with the Organiser's terms and conditions, which will be provided at the time of purchase. The Ticket Purchaser must request the re-personalisation from Tixnet or, if bought via a sales partner, from the Organiser. The request must include event details, order number, and the names of both the original and new visitors. Once re-personalisation occurs, the original person loses their event access rights. Re-personalisation is typically available up to 24 hours before event admission, unless otherwise restricted by the Organiser.
6.3 Lost and Stolen Tickets. If Tickets are reported lost or stolen to Tixnet or the Partner for Distribution which the Tickets were purchased, they may be blocked in accordance with the Organiser GTCs, with the possible consequence that the right to attend the event expires.
6.4 Prohibited commercial use and unauthorised ticket transfer. Tickets are sold exclusively for private, non-commercial use. Any resale or transfer of Tickets for commercial or business purposes is prohibited, except as authorised by the Organiser. Tixnet does not guarantee the validity of Tickets purchased outside the Tixnet platform or through unauthorised resellers. Automated ticket purchases, as well as buying tickets through multiple accounts to circumvent purchase limits, are strictly prohibited Subject to the imposition of a contractual penalty pursuant to Section 6.6, a violation of the provisions of this paragraph shall result in the loss of the access authorisation without compensation, i.e. the Ticket shall lose its validity in this case.
6.5 Permissible Transfer
6.5.1 Permissible Transfer. Permissible (private) Ticket transfers for non-commercial purposes, such as in cases of illness, are allowed provided the transfer does not violate Section 6.4 (prohibited transfers). The original purchaser may transfer their rights and obligations under the visitor contract to a third party, who will assume all associated responsibilities. This transfer requires the seller’s consent, which is conditionally granted if (i) the transfer meets the criteria of a permissible transfer, and (ii) the new Ticket holder is informed of and agrees to the Tixnet GTC, acknowledging their validity.
6.5.2 „Ticket Transfer“. (i) Tixnet offers a Ticket Transfer feature, allowing customers to transfer tickets to friends and family by logging into their account and following the steps provided.
(ii) Ticket Transfer is intended for use with trusted individuals. Permitted resale to others must comply with Section 6.5.1.
(iii) The Ticket Transfer only passes on the right to attend, leaving the original contract between the buyer and seller unchanged.
(iv) Transfers can be withdrawn unless accepted.
(v) Once accepted, the new Ticket with a unique barcode is valid; previous tickets are void.
(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 Section 8.4 below. Tixnet will maintain event or Ticket related communication with the original Ticket Purchaser.
6.5.3 The admissibility of the purchase, offer and sale of Tickets in accordance with the Conditions of Resale shall remain unaffected.
6.6 Contractual penalty
6.6.1 Conditions. If a Ticket purchaser violates any provisions in Sections 6.4 or 6.5, the seller (as defined in Section 3.2) may impose a contractual penalty. This penalty will be determined at the seller's reasonable discretion (in line with Section 315 of the German Civil Code (BGB)) and may be reviewed by a competent court if disputed.
6.6.2 Amount. The penalty will depend on factors such as the severity of the violation, the intent or negligence involved, any corrective efforts, whether the customer is a repeat offender, and the number of tickets improperly sold or transferred, including any profits gained from the resale.
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 Personalised Tickets. If the Organiser allows the cancellation of Personalised Tickets according to the terms and conditions of sale, a refund will be made only if this is cancelled at Tixnet 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 personalisation, a refund is not possible.
8.3 Changes to the content of events. Organisers may change the program if special occurrences or events beyond the Organiser'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 Organiser is responsible, as well as in the event of other occurrences giving rise to claims against the Organiser, the Ticket Purchaser's claim shall only be against the Organiser and shall be limited to the reimbursement of the nominal value of the Ticket. Travel and accommodation expenses will not be reimbursed.
8.5 Refund on instruction of the Organiser. If Tixnet has been instructed in an individual case by the respective Organiser to refund the Ticket price in the Organiser's name and for the Organiser's account, Tixnet shall make the refund on behalf of the Organiser; its own refund claims against Tixnet do not exist in this respect, insofar as Tixnet 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 Liability
8.6.1 Unlimited liability. Tixnet, its legal representatives or executive employees are fully liable as per German law for damages related to life, body, or health, wilful misconduct, gross negligence, or under the Product Liability Act as well as in the event of the assumption of guarantees.
8.6.2 Limited liability. For minor negligence, Tixnet is liable only for breaches of essential obligations under these Tixnet GTC, with damages limited to typical and foreseeable losses. Furthermore, to the extent permissible by the applicable law, and unless explicitly stated under these Terms, Tixnet’s liability to the User or any third party shall be limited to the higher of (i) the disputed fees’ amount, not exceeding the total fees paid to Tixnet in the preceding 12 months before the liable action; or (ii) €500.
8.7 Release from claims. Insofar as the Ticket Purchaser is at fault, the Ticket Purchaser shall indemnify Tixnet against all claims asserted against Tixnet by third parties due to the conduct of the Ticket Purchaser in connection with the purchase of Tickets 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 Tixnet without delay with truthful and complete information required for the examination of the claims and a defence.
9. Event attendance regulation
9.1 Scope. The following attendance terms apply to all events unless separate terms are agreed upon between the Organiser and the Ticket Purchaser.
9.2 Admission and Participation. Attendees must adhere to the Organiser's and venue's rules ("Rules of Conduct"), including house rules and staff instructions. Violating these rules or engaging in disruptive behaviour may result in removal from the venue or denial of entry without a refund.
9.3 Late Entry. Late arrivals do not have the right to immediate entry. The Organiser will admit them at an appropriate moment that avoids disturbing the performance, such as during a break.
9.4 Early Departure. Visitors who leave before the event ends may be denied re-entry.
9.5 Admission Checks. Security personnel may conduct inspections of attendees and their belongings for safety purposes and compliance with venue rules.
9.6 Prohibited Items. Restrictions may apply to certain objects, animals (except guide dogs), food, or beverages. The Ticket Purchaser is responsible for verifying restrictions with the Organiser or venue.
9.7 Visitor Recordings. Visitors may only record for private use. Any other recordings require the Organiser’s prior written consent, and non-compliant recordings may be subject to deletion.
9.8 Recording Notifications. Events may involve image and sound recordings where attendees might be included, and it is the attendee's responsibility to check this before buying tickets.
11. 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) to the relationship between Tixnet and the User. If the User is a consumer in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), this choice of law clause applies subject to the mandatory provisions in the member state where the User has his/her habitual residence, in particular in the field of consumer protection law.
11.3 Place of performance and jurisdictions. 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, Tixnet 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. Tixnet's email address is support@tixnet.com. Tixnet is neither obliged nor willing to participate in the dispute resolution procedure.