broker
General Terms and Conditions – Ticket Brokerage
1. Scope, Definitions, Roles
1.1 Scope
These General Terms and Conditions (“T&Cs”) govern exclusively the contractual relationship between Universal Music GmbH, Mühlenstr. 25, 10243 Berlin (“UMG”), and the user / prospective ticket purchaser (“Customer”) in connection with the brokerage of tickets for third-party events via the online shops operated by UMG (“Platform”). UMG distributes the tickets as an intermediary on behalf of the respective organiser. By ordering tickets, the Customer instructs UMG to handle the processing of the ticket purchase, including dispatch.
These T&Cs do not apply to the purchase of any other goods or services (e.g. merchandise, audio/video recordings, downloads, bundles, insurance).
1.2 Definitions and Roles
a) “Organiser” means the respective third party that conducts the event and is the Customer’s contractual partner with regard to attendance at the event.
b) “Ticket” means the authorisation for admission to the event.
c) “Fulfilment Agreement” means the contractual relationship between UMG and the Customer regarding the technical and organisational handling of the ticket order and ticket delivery.
d) “Event Agreement” means the agreement between the Organiser and the Customer regarding attendance at the event (including the Ticket).
1.3 Intermediary Role – No Seller Role
UMG acts on behalf of the respective Organiser and brokers the conclusion of the Event Agreement between the Customer and the Organiser. In addition, a Fulfilment Agreement is concluded between UMG and the Customer regarding the technical and organisational handling of the ticket order and ticket delivery. UMG does not become a party to the Event Agreement, does not owe the performance of the event, and assumes no liability for performance or success in relation to the Organiser’s services.
1.4 Technical Service Providers
UMG may engage technical service providers for the provision and processing of ticket purchases, in particular for platform operation, ticket fulfilment, and customer communication; such service providers shall not become contractual partners of the Customer.
1.5 Private Purpose
The purchase of tickets via the Platform is permitted exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB). By submitting an order, the Customer declares that they are acting exclusively for private purposes.
2. Organiser Terms (Priority)
2.1 Priority of the Organiser’s T&Cs
To the extent that the Organiser provides its own terms and conditions (“Organiser T&Cs”), such Organiser T&Cs shall take precedence with respect to the Event Agreement. UMG shall make the Organiser T&Cs available during the booking process or indicate where they can be accessed.
2.2 No Obligation on UMG to Verify
Information provided by the Organiser, in particular regarding venue, time, programme, artists, admission rules, seated/standing categories, accessibility, or safety measures (“Organiser Information”), originates from the Organiser. UMG is not obliged and, as a rule, is not in a position to verify such information in full.
3. Registration, Account, Protection Against Misuse
3.1 Account
Where a customer account is offered, the Customer must keep access credentials confidential and protect them against access by third parties.
3.2 Blocking
UMG may temporarily suspend or permanently deactivate accounts where there are concrete indications of misuse, security risks, or material breaches of these T&Cs (e.g. circumvention of purchase restrictions, automated ordering processes/bots, misuse of personalisation data).
4. Brokerage Process and Conclusion of Contract
4.1 Presentation on the Platform
The presentation of events/tickets on the Platform does not constitute a binding offer by UMG. It serves solely to enable the Customer to submit an offer to the Organiser.
4.2 Offer by the Customer / Acceptance by the Organiser
Upon completion of the order process, the Customer submits a binding offer to conclude the Event Agreement with the Organiser.
The Event Agreement is concluded when the Organiser accepts this offer. Acceptance is generally effected by electronic confirmation (e.g. order confirmation) and may be transmitted by UMG in the Organiser’s name.
4.3 Condition Precedent / Payment
Where provided for in the order process, the effectiveness of the Event Agreement or the provision of the Ticket may be made conditional upon our receipt of full payment.
4.4 Correction of Input Errors
The Customer is responsible for the accuracy of the information provided (event, date, number of tickets, shipping method, personalisation). Entries must be checked and corrected before final submission.
4.5 Minimum Age
Conclusion of the Organiser Agreement / Fulfilment Agreement is permitted only to persons of legal age and legal capacity or with the consent of their legal representatives.
5. Purchase Restrictions
The Organiser may set maximum quantities per customer for each event. In the event of an excess, the order may be adjusted or cancelled, or tickets may be blocked for admission, insofar as legally permissible. The rules communicated during the order process shall be decisive.
6. Prices, Fees, Payment Processing (Collection)
6.1 Price Components
The ticket price is determined by the Organiser. In addition, service/brokerage fees, shipping costs (e.g. for hard tickets), or charges for certain payment methods may apply. All price components shall be displayed during the order process before the order is submitted.
6.2 Collection Activity by UMG
Where provided for in the order process, UMG may collect the ticket price and, where applicable, other price components in the name and for the account of the Organiser (collection authorisation). Payment to UMG shall, to that extent, discharge the Customer’s payment obligation vis-à-vis the Organiser.
6.3 Payment Service Providers / Assignment
Where the Customer uses payment service providers (e.g. invoice purchase / BNPL), their supplementary terms shall apply in addition. Claims may, insofar as legally permissible, be assigned to payment service providers for payment processing purposes.
7. Ticket Provision, Ticket Formats, Complaints
7.1 Ticket Formats
Unless otherwise communicated, the Customer will receive automated emails (order confirmation and ticket provision/link). The ticket format depends on the admission modalities specified by the Organiser (download, print-at-home, mobile wallet, etc.). The order confirmation alone does not entitle the Customer to admission.
7.2 Hard Tickets
Where offered, the Customer may order hard tickets for a fee. Dispatch and shipping risks are governed by the conditions stated during the order process; the Organiser remains the relevant contractual partner under the Event Agreement.
7.3 Obligation to Check / Complaints
The Customer must inspect the Tickets for accuracy immediately upon receipt (number, event, date, venue, price category, personalisation). Obvious errors must be notified no later than within five working days of receipt.
7.4 Transfer of Tickets
The permissibility of passing on, transferring, or reselling Tickets shall be governed exclusively by the provisions of the respective Organiser, in particular its general terms and conditions.
8. Right of Withdrawal
There is no right of withdrawal for the Event Agreement or the Fulfilment Agreement connected with the ticket order in the case of leisure events with a fixed date pursuant to Section 312g (2) No. 9 German Civil Code (BGB).
9. Warranty / Defects / Performance Disruptions
9.1 No Warranty by UMG for the Organiser’s Performance
Any warranty, reduction, damages, or other claims arising from defects relating to the Ticket or the event (e.g. cancellation, postponement, programme changes, refusal of admission, restricted view) shall, insofar as legally permissible, be directed exclusively against the Organiser.
9.2 Support by UMG
UMG may, within reasonable limits, support the Customer in communicating with the Organiser (e.g. forwarding enquiries). A claim to such support shall exist only where this has been expressly promised.
9.3 No Risk Assumed by UMG
The transfer of risk, admission risk, and the risk relating to performance of the event lie in the relationship between Customer and Organiser. UMG assumes no risk-bearing or custodial obligations in respect of Tickets after they have been provided, except within the scope of the technical availability of the Platform (see Clause 10).
10. Availability of the Platform / Technical Disruptions
10.1 Operation of the Platform
Within the framework of the Fulfilment Agreement, UMG owes a customary level of availability of the Platform, taking into account maintenance windows, security measures, and technical limitations.
10.2 Access to Tickets in the Event of Disruptions
In the event of technical disruptions for which UMG is responsible and which materially impair the provision of Tickets, UMG’s obligation shall be limited to restoring access or providing an alternative method of provision within reasonable limits. UMG does not owe the performance of the event.
11. Refunds
11.1 Principle
Refunds (ticket price and, where applicable, fees) shall be made exclusively in accordance with the Organiser’s requirements and the Organiser T&Cs. The Organiser is the party against whom any such claim must be asserted.
11.2 Processing by UMG
Where UMG is instructed by the Organiser to process refunds on its behalf, UMG shall act exclusively as the Organiser’s service provider / vicarious agent. No separate claim for repayment against UMG shall arise for the Customer as a result.
11.3 Recipient of Payment
Any such refunds processed by UMG shall generally be made only to the original purchaser and by means of the payment method originally used, unless determined otherwise.
11.4 Insolvency of the Organiser
In the event of the Organiser’s insolvency, UMG may be legally prevented from processing refunds on its behalf; claims must be asserted against the Organiser or in the insolvency proceedings.
12. Liability of UMG (Fulfilment-Related)
UMG’s liability is limited to obligations arising from the Fulfilment Agreement; the respective Organiser shall be solely liable for the event itself.
12.1 Unlimited Liability
UMG shall be liable without limitation in accordance with statutory provisions:
(i) in cases of intent or gross negligence,
(ii) for injury to life, body, or health,
(iii) under the German Product Liability Act,
(iv) where guarantees have been expressly assumed and
(v) where defects have been fraudulently concealed.
12.2 Limited Liability in Cases of Slight Negligence
In the event of a slightly negligent breach of essential obligations under the Fulfilment Agreement (cardinal obligations), UMG’s liability shall be limited in amount to the typical and foreseeable damage. Cardinal obligations are obligations whose fulfilment is essential for the proper handling of the ticket order and ticket delivery and on whose compliance the Customer may regularly rely.
12.3 Exclusion in Other Respects / No Performance Liability
In all other respects, UMG’s liability for slight negligence is excluded.
In particular, UMG shall not be liable for breaches of duty by the Organiser or third parties (e.g. venue, security, ticketing provider), unless UMG is responsible for such breaches within the scope of its own fulfilment obligations.
12.4 No Liability for Wasted Expenditure
Travel, accommodation, and consequential costs shall not be reimbursed by UMG, insofar as legally permissible; any such claims must be asserted against the Organiser.
13. Obligations of the Customer / Indemnification
The Customer must provide truthful information during the order process and must refrain from misuse.
Where the Customer culpably infringes third-party rights or triggers claims against UMG through abusive conduct, the Customer shall indemnify UMG against third-party claims, including the necessary costs of legal defence.
14. Attendance at the Event / House Rules / Recordings / Infection Protection
Access, house rules, security checks, recording and image rights, and infection protection measures shall be governed by the requirements of the Organiser and the venue. UMG may provide information in this regard, but is not the rule-setting party.
15. Data Protection
UMG processes personal data for brokerage and fulfilment purposes. Data will be transmitted to the Organiser and service providers where necessary. Details are set out in UMG’s Privacy Notice at: https://www.universal-music.de/rechtliche-hinweise/privacy-policy
16. Final Provisions for the Fulfilment Agreement
16.1 Severability Clause
Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.
16.2 Applicable Law
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection law applicable at the Customer’s habitual place of residence shall remain unaffected.
16.3 Place of Jurisdiction
As against entrepreneurs, Berlin shall be the exclusive place of jurisdiction; in all other respects, the statutory places of jurisdiction shall apply.
16.4 Online Dispute Resolution / Consumer Dispute Resolution
UMG is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
16.5 Transfer
UMG is entitled to transfer its rights and obligations under the Fulfilment Agreement to third parties, provided that this does not result in any material disadvantage for the Customer.