General Terms and Conditions for the Use of Converia Conference Management and Ticketing Platform for attendees
The following document outlines the Terms and Conditons for the users of Converia Conference Management and Ticketing Platform.
1. General information
1.1 Lombego Systems GmbH ("Lombego Systems") provides the software Converia Express ("Converia"), an internet-based conference management & ticketing platform, which enables private and professional organisers ("organizer") to organise concerts, conferences, conventions or similar events ("events").
1.2. Organizers of events are able to register attendees, sell tickets and allow invoicing over Lombego Systems for these events. Lombego Systems provides its services through various top-level domains as well as under various sub-domains and aliases of these domains ("Converia-Websites"). These terms and conditions shall govern the contractual relationship between the attendee, the organiser and Lombego Systems, regardless of which Converia-Websites the attendee uses.
1.3. By purchasing a ticket on a Converia website, you ("attendee") agree to the following "Terms and Conditions for the use of Converia Conference Management & Ticketing Platform" ("terms").
1.4. This offer is only valid for persons of legal age.
2. Contracting parties, involvement of organizers’ terms
2.1. By purchasing a ticket or registering for an event on the Converia-Websites, a sales contract is created solely between the relevant attendee and the relevant organizer regarding attendance at an event. Lombego Systems itself is not the organizer, but handles the processing of ticket sales in the name and on behalf of the event organizer. Lombego Systems is therefore not liable for organizer insolvency or for the failure of an event.
2.2. It is possible that the organizer's own general terms and conditions may also apply for carrying out the event. Lombego Systems has no influence over this. It is the duty of the attendee to inform him-/herself about possible existing terms of the organizer before purchasing tickets.
2.3. The attendee assures that he is of legal age at the time of registration, regardless if they are a legal or natural person.
3. Subject matter and conclusion of contract
3.1. The information about events, the amount of available tickets, the ticket price and the available payment methods, are based exclusively upon the settings made by the respective organizer, and given to Lombego Systems through the Converia site. Lombego Systems has no influence regarding these settings, nor does it have responsibility for the accuracy of the information provided by the organizer. It is the organizer’s duty to verify this information.
3.2. With reference to the information given in section 3.1 the Organizer provides an offer for the conclusion of the purchase contract. The attendee accepts the offer of the conclusion of the purchase contract by completing the process which leads to the final order page, then by clicking on the button "complete registration". In order to accept the offer, the attendee is required to have correctly filled in the order form including all required fields (marked "*") and to have accepted these terms and conditions. Immediately after the conclusion of the contract (order) the User will receive a confirmation e-mail. The attendee is obliged to inform Lombego system if they do not receive this confirmation e-mail on time.
3.3. Lombego Systems has the right to cancel the purchase contract (unilateral right of withdrawal), if the attendee has violated the established Terms stated by the organizer or Lombego Systems, or attempts to circumvent the specific conditions that are referred to as part of the pre sale. The declaration of the cancellation / withdrawal can also be provided implied by refunding the paid amounts.
4. Total price and payment arrangements
4.1. The total price for a ticket may exceed the stated ticket price. The total price is based on the price per ticket defined by the organizer. The Converia-Website will indicate whether the ticket price is inclusive or exclusive of VAT. Depending on the agreement between Lombego Systems and the respective organizer the processing fee can vary. The fees for ticket purchase and processing will be added to the ticket price and then displayed separately in the shoping cart at the time of order.
4.2. The total price of the ticket is payable immediately upon receipt of the confirmation e-mail.
4.3. Please note that the following details appear on your credit card statement:
Date converia.de/ticket Weimar, DE Amount
5. Ticket shipping, loss and complaints
5.1. Immediately after receipt of payment or after ordering (only for purchase on account) Lombego Systems will send the purchased ticket to the postal or electronic address specified by the attendee, unless otherwise agreed (eg holding tickets at the venue).
5.2. An incorrect ticket will be exchanged by Lombego Systems once the incorrect ticket has been returned. It is the responsibility of the attendee to check the accuracy of the details on the ticket when it is recieved, in order to receive an replacement ticket by Lombego Systems if time permits.
5.3. Electronic tickets can be re-requested at any time by the attendee or can be obtained via the "C3 - Conference Control Center" on the Converia-Website.
5.4. Tickets sent by mail, which did not arrive at the subscriber will only be resent by Lombego Systems if the attendee assures that the tickets were never received. Lombego Systems will provide a form for this assurance upon request.
5.5. Tickets sent by mail that are lost or destroyed by the User, will not be replaced by Lombego Systems.
6. Refund of ticket and refund of purchase price
6.1. If an event is canceled or postponed the attendee has the right to return a purchased ticket according to legal guidelines and the agreements made between the attendee and the organizer.
6.2. If the attendee is entitled to a ticket refund, Lombego Systems will reimburse the paid amount for the ticket within 14 days after receipt of the returned tickets according to the agreement with the organizer if Lombego Systems has not already transferred the ticket revenues to the organizer. In this case, the organizer will directly refund the amount paid.
7. Information regarding the right of revocation
7.1. The responsibility for explaining the right of revocation lies with the organizer, as he is the contract partner of the attendee in terms of ticket purchase. Subject to change, the attendees statutory right of revocation in Germany is only applicable if the attendee purchases the ticket as a consumer according to § 13 of the German Civil Code and not for the purpose of their exercise of commercial or independent or occupational activity and the organizer organizes the event for the purposes of their commercial or occupational activity.
8. Liability and Warranty
8.1. Lombego Systems is not liable for all contractual, quasi-contractual, statutory, tort or other legal reasons. Lombego Systems and its vicarious agents are not liable for failure of any kind caused by circumstances beyond their control. In particular, this applies to any failure or malfunction of telecommunication line or blackout of power supply or failure of hardware.
8.2. Lombego Systems shall be liable for damages only if they or any of their agents violate an essential contractual obligation (cardinal obligation) in a way that compromises the intent of the contract or causes damage through gross negligence or willful misconduct. If the culpable breach of an essential contractual obligation is not of gross negligence or willful misconduct, then Lombego Systems’ liability shall be limited to typical and foreseeable damages, limited to the ticket price. Essential contractual obligations shall be duties that must be fulfilled in order to enter into a contractual relationship. Further on Lombego Systems is excluded from the liability of consequential or incidental damages.
8.3. Liability under the Product Liability Act remains unaffected.
8.4. The period for claims against Lombego Systems is limited to one year, unless the subscriber is a consumer according to § 13 BGB (German Civil Code).
9. Privacy policy
9.1. The attendee may visit the Converia-Websites without providing any personal data. Personal data is only collected when the attendee provides it (eg by purchasing a ticket or registering for an event, sending notices on the website or registering as a website user). Furthermore, no personal data is collected.
9.2. User data collected by the organizer (eg during the purchase of tickets or registering for an event) will be stored, modified and transmitted only for the fulfillment of the events purposes. This is necessary for the performance of the contract (eg admission control to the event).
9.3. By accepting these general terms and conditions the attendee states: I allow my personal attendee information to be stored in machine-readable way by the organizer. I allow my personal attendee information to be publicly accessible and displayed on list of participants attending for the event to everyone. I can hide this information after ordering or revoke this approval at any time by writing an email to the organizer.
10. Final provisions
10.1. For all ticket purchases on the Converia-Websites, only these terms shall apply between Lombego Systems and the attendee. The attendee’s own terms and conditions shall not apply.
10.2. German law applies to the exclusion of private international law and to the German law assumed UN Convention on Contracts for the International Sale of Goods. This also applies to claims for statutory pre- and post-obligations and claims that compete with contractual or pre- and post-claims.
10.3. Should any provision of this agreement be or become invalid by yet unknown circumstances, the validity of the remaining provisions remains unaffected. The contracting parties are required to replace an invalid provision with a valid provision which in its regulatory content matches the intention and purpose of the invalid provision as closely as possible. This applies also to contractual loopholes.
10.4. Place of performance shall be Lombego Systems headquarters in Weimar.
10.5. Place of jurisdiction as far as legally permitted shall be Lombego Systems headquarters in Weimar.
Date: Mai 2012