General Terms and Conditions for the Purchase of Tickets for the WTA Bad Homburg Open
Version: October 2024
The following contractual terms and conditions ("GTC") apply to the legal relationship established through the purchase and/or use of admission tickets ("Ticket(s)") from Bad Homburg Open Veranstaltungs-GmbH, Hölderlinplatz 5, 70193 Stuttgart ("Organizer") or from third parties authorized by the Organizer ("authorized ticket outlets"). These terms particularly govern attendance at tennis matches as part of the WTA Bad Homburg Open ("Event") as well as access to and presence on the event grounds.
1. Ticket Purchase
(1) Ticket Purchase: Tickets for the Organizer’s event may generally only be obtained through authorized ticket outlets. The Organizer reserves the right, at its sole discretion, to limit the number of tickets available for sale during an event or per customer, and to grant or deny ticket discounts and/or preferential conditions. In the event that additional or differing terms apply when purchasing tickets from authorized ticket outlets, these GTC shall take precedence in the relationship between the customer and the Organizer.
(2) Online Sales: When ordering tickets online, a personal password is assigned in the event of customer registration. The customer is solely responsible for ensuring that no unauthorized third party gains access to their password. The customer is liable for any misuse by third parties in this context unless they are not at fault for the misuse. When placing an online ticket order via the Organizer’s website https://badhomburg-open.reservix.de/events, the customer submits a binding offer to conclude a contract with the Organizer by executing the designated online command. The authorized ticket outlet confirms receipt of this offer online. This confirmation does not constitute acceptance of the offer, but is subject to the availability of the requested tickets and the consideration of special circumstances (e.g., security-related factors). The contract between the Organizer and the customer, based on these GTC, is only concluded once the tickets have been dispatched (including electronic delivery or print@home) or made available for collection (§ 2). The Organizer reserves the right to assign the visitor a different seat within the same price category if justified by organizational, safety-related, or technical production reasons. In such cases, there is no entitlement to a specific seat.
(3) Price: The ticket price is determined in accordance with the applicable price list. Ticket orders are processed only against advance payment and using the accepted payment methods. In addition to the ticket price, the authorized ticket outlet is entitled to charge the buyer shipping costs in the event of ticket delivery and/or a reasonable service fee (e.g., presale fee) for services rendered in the buyer’s interest.
(4) Discounts: The Organizer offers discounted tickets to certain individuals and/or groups. Information on which individuals and/or groups are eligible for a discount will be provided by the Organizer in a timely manner. Eligibility for a discount is determined based on the date of the event for which the ticket is purchased. A valid official proof of eligibility must be presented at the time of purchase and must also be carried when entering the event grounds and shown upon request.
(5) No Right of Withdrawal or Return: Even if the Organizer offers tickets via means of distance communication as defined in § 312c (2) of the German Civil Code (BGB), and such a transaction may therefore constitute a distance selling contract under § 312c (1) BGB, there is no right of withdrawal for the customer when purchasing tickets, pursuant to § 312g (2) No. 9 BGB. This means that the statutory two-week right of withdrawal and return does not apply. Each ticket offer or order becomes binding immediately upon confirmation by the Organizer and obligates the customer to accept and pay for the ordered tickets. Exchange and refund are generally excluded.
2. Delivery and Collection of Tickets, Complaints
(1) Shipping: Tickets are shipped at the customer’s expense. The authorized ticket outlet selects the shipping provider and shares the customer’s shipping information with this provider for the purpose of contract fulfillment in accordance with Art. 6(1)(b) of the GDPR. The Organizer bears the risk of loss or damage to the tickets during shipping. Tickets ordered for postal delivery are typically delivered to the customer within seven (7) business days from the shipping confirmation. If the customer has not received the tickets within this timeframe, any loss during shipment must be reported immediately to the contact address of the authorized ticket outlet.
(2) Collection: If, due to a last-minute order and corresponding notice from the authorized ticket outlet, timely delivery of the tickets can no longer be guaranteed, the tickets may be made available for collection at the designated service center (box office) at the event venue. Tickets can only be collected by the customer or a third party authorized in writing by the customer, upon presentation of valid government-issued identification (e.g., ID card, passport). The Organizer may charge a reasonable handling fee for ticket collection. The risk of loss or damage to the tickets before collection lies with the customer, unless the Organizer or a third party acting on behalf of the Organizer has acted with gross negligence or intent.
(3) Complaints: Complaints regarding tickets and/or ticket orders that show an obvious defect must be made without undue delay—that is, without culpable hesitation—generally within five (5) business days after receipt of the shipping confirmation (see § 2 (1)) or upon receipt of the tickets, but no later than seven (7) business days before the respective event. Complaints must be submitted in text form (email is sufficient), by fax, or by post to the designated contact address. For tickets and/or orders placed within the last seven (7) business days prior to the respective event and/or in the case of tickets held for collection as described in § 2 (2), the complaint must be submitted immediately. In all other cases, the aforementioned time limits apply. Defects particularly include unauthorized deviations from the order in terms of quantity, price, date, event, or venue; incorrect print quality; missing essential information (such as event or seat number on printed tickets); or visible damage or destruction of the ticket. The date of receipt stamp (for postal mail) or the transmission protocol (for fax or email) shall determine whether the complaint was submitted in time. In the case of a timely and justified complaint, a replacement ticket will be issued to the customer free of charge upon return of the defective ticket. These complaint regulations expressly do not apply to lost tickets as defined in § 2 (5), to tickets that were not ordered but nonetheless sent, or in cases where the reason for the complaint is demonstrably due to fault on the part of the Organizer or the authorized ticket outlet.
(4) Defect: In the event of a technical defect of a ticket or difficulties during electronic access control, the organizer or the authorized advance sales office will issue a new ticket or reactivate the old ticket upon verified proof of identity by the customer, blocking the old ticket. A processing fee may be charged for the reissue unless the organizer or authorized third parties are demonstrably responsible for the defect.
(5) Loss: The organizer or the authorized advance sales office must be informed immediately about the loss, i.e., any involuntary loss, of tickets purchased from them. The organizer is entitled to block these tickets immediately after notification of the loss. In the event of the loss of tickets subject to electronic access control, a new ticket will be issued after notification of the loss, blocking of the ticket, and verification of the customer’s identity. A processing fee according to the price list may be charged for the reissue. In cases of abusive notifications of loss, the organizer will file a criminal complaint. For security reasons, the reissue of other lost tickets is generally not possible.
3. Postponement, Cancellation, and Termination
(1) Postponement: The organizer reserves the right to postpone events as well as to make program changes. In all cases, purchased tickets for postponed events remain valid but entitle the customer to withdraw from the contract for the affected event or parts of the event. The withdrawal by the affected customer must be declared in text form (email is sufficient), by fax, or in writing by mail, along with the original ticket. The affected customers will be refunded the ticket price paid for the postponed event upon presentation or submission of the original ticket, at their own expense. The final scheduling of an event does not constitute a postponement under this provision and therefore does not entitle the customer to withdraw if the final scheduling had not yet taken place at the time of ticket purchase.
(2) Cancellation and Exclusion of Spectators: In the event of a cancellation of the event, the ticket price will be refunded at face value minus any incurred fees upon presentation of the original ticket within thirty (30) working days after the date of the event, provided that the bank details are supplied. For an event that must take place in whole or in part without spectators according to the regulations of a responsible association or authority, both the organizer and the affected customer are entitled to withdraw from the contract for the affected event. The withdrawal by the affected customer must be declared in text form (email is sufficient), by fax, or in writing by mail. The affected customers will be refunded the ticket price paid upon presentation or submission of the original ticket, at their own expense.
(3) Termination and Rescheduling of the Event: In the event of termination of an event, the customer has no claim for a refund of the ticket price paid, unless the organizer is responsible for the termination. In the case of rescheduling the event, i.e., the rearrangement of an event that has already started and was then terminated, the rescheduled event shall be considered a new event; the ticket for the original event is not valid for this unless the organizer explicitly states that the ticket is also valid for the rescheduled event. If the ticket remains valid, the customer may withdraw from the contract (see withdrawal declaration § 3 (1)). The affected customer will be refunded the ticket price paid upon presentation or submission of the ticket at their own expense; service and shipping fees will not be refunded.
4. Use and Transfer
(1) Right of Admission: The organizer does not intend to grant access to the event to everyone, but only to those ticket holders who have purchased tickets as customers from the organizer, an authorized sales outlet, or within the scope of a permitted transfer according to § 4 (4). The right of admission ends upon the first exit from the event premises. In the case of ticket acquisition through an unauthorized transfer according to § 4 (3), no right of admission exists. The organizer reserves the right to refuse admission in such cases. Recourse claims against the organizer are excluded in this case. To prove their identity, the customer must carry an official identification document (e.g., identity card) and present it upon request.
(2) Transfer Restriction: To prevent violence and criminal acts related to attending the event and to prevent unauthorized ticket transfers, especially to avoid ticket speculation, it is in the interest of the organizer and spectators to restrict the transfer of tickets.
(3) Unauthorized Transfer: If the customer has been issued individualized tickets that can be assigned to them, any commercial resale or commercial transfer of tickets by the customer is prohibited. In particular, the customer is prohibited from:
a) To publicly offer tickets for sale, especially via auctions or on the internet (e.g., on eBay, eBay Classifieds) and/or on sales platforms not authorized by the organizer (e.g., viagogo, StubHub, etc.) in a manner accessible to the general public, and/or to sell them in such a way;
b) To transfer tickets at a price higher than the paid ticket price; a surcharge of up to 10% is permitted to compensate for incurred transaction costs;
c) To sell or transfer tickets to commercial or professional resellers and/or ticket dealers;
d) To transfer tickets to persons who are subject to a stadium ban, provided the customer knew or should have known this fact;
e) To use or allow tickets to be used commercially or professionally without the express prior written consent of the organizer, especially for advertising, marketing, as a bonus, as a promotional gift, as a prize, or as part of an unauthorized hospitality or travel package.
In the event of one or more violations of the provisions in § 4 (3) and/or other unauthorized transfer of tickets, the organizer is entitled to withhold the affected tickets from delivery to the customer, to cancel them, and to refuse entry to the stadium to the ticket holder without compensation or to expel them from the stadium.
(4) Permitted Transfer: A private, non-public transfer of a ticket for non-commercial reasons, especially in individual cases such as illness or other prevention of the customer, is permitted provided that no case of unauthorized transfer within the meaning of § 4 (3) applies and the customer
(i) explicitly informs the new ticket holder about the validity and content of these Terms and Conditions (AGB) as well as the necessary transfer of information (e.g., first and last name upon request) about the new ticket holder to the organizer according to this clause,
(ii) obtains the new ticket holder’s agreement to the validity of these Terms and Conditions between them and the organizer through the purchase and use of the ticket, and
(iii) informs the organizer in a timely manner of the ticket transfer, naming the new ticket holder upon request, or the organizer has implicitly approved the transfer to the new ticket holder.
The transfer of the new ticket holder’s data is carried out partly to fulfill the contracts between the new ticket holder and the organizer as well as between the new ticket holder and the customer according to Art. 6 (1) sentence 1 (b) GDPR. On the other hand, this data processing serves to protect the legitimate interests of the organizer (see clause 2.1) pursuant to Art. 6 (1) sentence 1 (f) GDPR.
For the transfer of discounted tickets, these regulations apply with the additional provision that a transfer is only possible if the new ticket holder also meets the corresponding discount eligibility criteria.
5. Conduct at the Event Venue
(1) House Rules: The exercise of the house rules is at the sole discretion of the organizer or authorized third parties at any time. Instructions from the organizer, the police, and security personnel before, during, and immediately after an event must always be followed.
(2) Admission: In principle, every customer or ticket holder with a valid admission right acquired in accordance with § 4 (1) is entitled to enter the event venue. However, admission may be refused or the customer or ticket holder may be expelled from the venue if
- a) The customer or ticket holder refuses to submit to a reasonable personal and/or baggage inspection carried out by security personnel at the entrance and/or inside the event venue before entering;
- b) The individualization features printed on the tickets (e.g., name print, seat data, barcode, QR code, serial and/or shopping cart numbers) are manipulated, obscured, and/or damaged, or an attempt to access with the ticket has already been made, unless this is attributable to the organizer, and/or the ticket holder is not identical to the customer stored in connection with the ticket and indicated by the individualization features on the ticket, unless a permissible transfer according to § 4 (4) applies;
- c) The customer or ticket holder is visibly intoxicated and/or under the influence of drugs;
- d) One of the following items is carried or used: glass containers, drones, pyrotechnic objects, torches, weapons and similar dangerous items, animals.
In the event of a justified refusal of admission, the customer or ticket holder has no entitlement to compensation.
Furthermore, it is prohibited to carry and/or use the following items: racist, xenophobic, and/or right-wing or left-wing extremist propaganda materials; political or religious objects of any kind, including banners, signs, symbols, and flyers, if there is reason to believe that these will be inappropriately displayed on the event premises. Regardless of the items carried, the expression or dissemination of inhuman, racist, xenophobic, politically extremist, obscene, offensively provocative, and/or right-wing or left-wing extremist slogans, as well as corresponding actions, is prohibited throughout the entire event area.
In the event of a justified refusal of admission, the customer or ticket holder has no entitlement to compensation. Furthermore, it is prohibited to carry and/or use the following items: racist, xenophobic, and/or right-wing or left-wing extremist propaganda materials; political or religious objects of any kind, including banners, signs, symbols, and flyers, if there is reason to believe that these will be inappropriately displayed on the event premises. Regardless of the items carried, the expression or dissemination of inhuman, racist, xenophobic, politically extremist, obscene, offensively provocative, and/or right-wing or left-wing extremist slogans, as well as corresponding actions, is prohibited throughout the entire event area. Presence on the event premises is at the visitor’s own risk. The organizer and/or their vicarious agents shall be liable for damages, regardless of the legal grounds, only in cases of intent or gross negligence or – limited to the foreseeable, typical contractual damage at the time the contract was concluded – in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract, the breach of which endangers the achievement of the contract’s purpose and on whose compliance the customer regularly relies. This limitation of liability does not apply to claims for damages due to injury to life, body, or health or other mandatory statutory liability provisions. There is no liability for stolen or lost items.
(4) Image Recordings: Being present at the event venue for the purpose of media coverage of the event (television, radio, internet, print, photo) and/or the collection of sports data is only permitted with the consent of the organizer and within specially designated areas for these purposes. Without the organizer’s consent, it is not permitted to record sounds, photos, and/or images, descriptions, or results and/or data of the event, unless this is done exclusively for private, non-commercial use. For reporting on the event as well as for its promotion, the organizer and/or the responsible association and/or third parties commissioned/authorized by them (e.g., press) may independently create image and audiovisual recordings showing the ticket holder as a spectator pursuant to Art. 6 (1) sentence 1 lit. f) GDPR. These image and audiovisual recordings may be processed, used, and publicly displayed by the organizer, the responsible association, and third parties authorized by them in accordance with Art. 6 (1) sentence 1 lit. f) GDPR.
6. Contractual Penalty
In the event of a culpable breach of these Terms and Conditions by the customer, the organizer is entitled, in addition to other measures and sanctions provided for in these Terms and Conditions and without prejudice to any further claims for damages, to impose a reasonable contractual penalty of up to EUR 2,500 on the customer. The amount of the contractual penalty shall be determined in particular by the number and severity of the violations, the nature and degree of fault (intent or negligence), the customer’s efforts and success in remedying the damage, as well as whether and to what extent the customer is a repeat offender.
7. Data Protection
Unless otherwise specified within these Terms and Conditions, the processing of personal data of the customer and/or the ticket holder takes place on the one hand for the fulfillment of a contract between the organizer and the customer, or between the customer and the ticket holder, in accordance with Art. 6 (1) sentence 1 lit. b) GDPR, and on the other hand to safeguard the legitimate interests of the organizer. Further data protection provisions, including the rights of the ticket holder under the GDPR and the contact details of the organizer’s data protection officer, can be found in the privacy policy available at https://badhomburg-open.de/de/datenschutz/.
8. Contact
Ticket orders, inquiries, and all matters related to the organizer’s tickets can be sent to the following email address: badhomburg-open@reservix.de.The EU offers an online platform where customers can resolve consumer disputes out of court. This platform can be accessed at http://ec.europa.eu/consumers/odr/.The organizer does not participate in any dispute resolution procedure before a consumer arbitration board (see § 36 VSBG).
9. Choice of Law / Place of Performance / Jurisdiction
Mandatory legal provisions of the country in which the customer ordinarily resides shall apply. Otherwise, German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The sole place of performance for delivery, service, and payment is Stuttgart. The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and/or their validity or legal transactions based on these Terms and Conditions shall be Stuttgart, unless the customer is a consumer.
10. Additions and Amendments
The organizer is entitled, in the event of changes to market conditions and/or legislation and/or binding case law, even in the case of existing obligations, to supplement and/or amend these Terms and Conditions and/or the price list with a notice period of four (4) weeks in advance, provided that this is reasonable for the customer. The respective changes will be communicated to the customer in writing or—if the customer has agreed to this form of correspondence—by e-mail. The additions or amendments shall be deemed approved if the customer does not object to them in writing or by e-mail within four (4) weeks of receipt of the changes and/or additions, provided that the organizer has expressly pointed out this approval fiction in the notice of amendment. Any objection by the customer must be sent to the contact address (§ 8).
11. Final Clause
Should any provision of these Terms and Conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions or parts of such provisions. The parties shall replace any invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in these Terms and Conditions.
General (VIP) Ticket Terms and Conditions (ATGB) of Bad Homburg Open Veranstaltungs-GmbH
Status: October 2024
1. Applicability
These General (VIP) Ticket Terms and Conditions (ATGB) apply to all legal relationships arising from the purchase and use of Business-Seat & VIP box tickets (hereinafter: “Tickets”) of Bad Homburg Open Veranstaltungs-GmbH (hereinafter: “Organizer”) for the organized event “WTA Bad Homburg Open” (hereinafter: “Event”). By purchasing or using a ticket, the respective purchaser or holder accepts the validity of these ATGB.
2. Ticket Order, No Right of Withdrawal, Acceptance of Offer, Subject Matter of Performance
2.1 Tickets for the event organized by the organizer must, as a rule, be ordered exclusively from the organizer. The organizer reserves the right to limit the number of tickets that can be ordered per purchaser at any time. The organizer also reserves the right to offer certain types of orders only to specific customers.
2.2 Orders cannot be changed, withdrawn, or revoked afterwards.
2.3 When ordering a ticket, the purchaser is obliged to provide correct information regarding their name, address, and delivery details.
By sending the completed order form via email to vip@badhomburg-open.de, the purchaser submits a binding offer to purchase the selected ticket(s). If available, the organizer will confirm receipt of the order by email within the following days.
2.4 In the case of an order not placed online, the contract is only concluded when the organizer accepts the purchaser’s offer to buy a ticket by (possibly electronic) sending or handing over the ticket to the purchaser.
2.5 By concluding the contract with the organizer, the purchaser acquires the right to attend the event in accordance with these Terms and Conditions. The organizer fulfills its obligations by granting the respective ticket holder one-time access to the event. Only one person is entitled to enter per ticket.
3. Payment Terms
3.1 The individual prices are based on the organizer’s current price lists. Orders are generally processed on a prepayment basis (bank transfer, debit card, online payment services). The purchaser will receive the invoice either in paper form or electronically, at the organizer’s discretion.
3.2 The invoice amount must be paid within the payment deadline. If payment is not made within this period or if there are insufficient funds on the credit card or account, the organizer is entitled to cancel the order without further notice or to block the corresponding tickets without replacement. The assertion of claims for damages is expressly reserved in this case.
4. Ticket Shipping / Delivery Terms and Delivery Date
4.1 The risk of loss or damage to the tickets during shipping is borne by the purchaser, unless there is gross negligence or intent by the organizer or their vicarious agents. The choice of the shipping company is made by the organizer, who provides the purchaser’s shipping data to the shipping company for contract fulfillment in accordance with Art. 6(1) sentence 1(b) of the EU General Data Protection Regulation (“GDPR”).
4.2 If timely delivery of the tickets to the purchaser cannot be guaranteed due to a short-term order, the tickets may be held by the organizer for the purchaser at the event venue. To collect the tickets, an official identification document of the purchaser as well as, if applicable, a written authorization from the purchaser is required.
5. Return / Refund of Tickets
5.1 An exchange of tickets is generally excluded. The purchaser has no right to replacement or refund for lost or destroyed tickets, unless the organizer or their vicarious agents are demonstrably responsible for the defect or loss. The organizer reserves the right to charge a reasonable processing fee for tickets replaced nonetheless. The acceptance of returned tickets or the refund of admission fees as a gesture of goodwill is at the sole discretion of the organizer in individual cases.
5.2 If an event is canceled without replacement or takes place entirely without spectators, both the purchaser and the organizer are entitled to withdraw from the contract. If the event’s spectator capacity is reduced, for example due to an increase in infection rates related to the Covid-19 pandemic based on an official order, the organizer is entitled to withdraw from the ticket purchase contract. In this case, the purchaser will be refunded the ticket price.
6. Ticket Transfer
6.1 To prevent criminal offenses related to attending the event, to curb the resale of tickets at excessive prices—particularly to prevent ticket speculation—and to maintain the social pricing structure, it is in the interest of the organizer and the safety of the spectators to restrict the transfer of tickets.
6.2 Tickets are sold exclusively for private, non-commercial use; any commercial or business resale by the purchaser is prohibited and reserved solely for the organizer.
6.3 The ticket holder is specifically prohibited from,
- a) publicly offering the ticket for sale at auctions (especially on the internet, e.g., eBay, Facebook, and other social media groups) and/or on sales platforms not authorized by the organizer (e.g., eBay Classifieds);
- b) selling the ticket commercially and/or for business purposes without the express prior written consent of the organizer;
- c) selling or transferring the ticket to commercial or business resellers and/or ticket dealers;
- d) transferring or using the ticket without the express prior written consent of the organizer for purposes of advertising, conducting sports betting, marketing, as a bonus, promotional gift, prize, or as part of an unauthorized hospitality or travel package.
6.4 A free-of-charge transfer of the ticket to business partners and a private transfer of a ticket for non-commercial reasons, especially in individual cases such as illness or other impediments of the purchaser, is permitted as long as no case of unauthorized transfer within the meaning of section 6.3 applies.
6.5 If a ticket is offered, used, or transferred in an unauthorized manner, the organizer is entitled, at its reasonable discretion and in particular while maintaining proportionality, to block the ticket as well as any other tickets purchased by the buyer — including electronically — and to refuse the ticket holder entry to the event venue without compensation or to expel them from the event venue. Furthermore, the organizer may exclude the seller from purchasing tickets and away tickets for a reasonable period, up to a maximum of five years.
7. Access to the Event Venue, Venue Rules, Behavior on the Venue Premises
7.1 Access to the event venue is subject to the venue regulations, which are available shortly before the event on the homepage at www.badhomburg-open.de. By entering the event venue, the purchaser acknowledges and accepts the venue regulations as binding. Access to the event venue is only possible with a valid ticket. Children under 14 years old are only admitted when accompanied by an adult supervisor who must also possess a valid ticket.
7.2 Right of Entry: In principle, every purchaser or ticket holder with a valid right of attendance acquired in accordance with section 2.5 is entitled to access the event venue. Access to the event venue may be refused if
- a) The purchaser or ticket holder refuses to submit to a reasonable personal and/or baggage check conducted by security personnel at the entrance to the restricted event area and/or inside the event venue before entering;
- b) The individualization features on the tickets (name imprint, block/row/seat information, reservation number, customer number, ticket number, QR code) are manipulated, obscured, and/or damaged, or the barcode/QR code has already been used in the electronic access system, unless this is the fault of the organizer;
- c) The ticket holder is not identical to the purchaser stored or recorded in connection with the ticket, unless a case of permitted transfer according to section 6.4 applies; and/or
- d) The purchaser provided incorrect information regarding their name and/or address and delivery data when ordering the tickets, contrary to their obligation.
7.3 In the case of a justified refusal of entry, the purchaser or ticket holder has no claim to compensation.
7.4 Every ticket holder must occupy the seat indicated on their ticket or for which their ticket is valid. Deviating from this, they are obliged to take another seat if instructed by the organizer or security personnel, provided there is a significant factual reason (e.g., safety considerations); in this case, no claim for compensation exists.
7.5 By attending the event, the ticket holder consents to the organizer’s right to conduct reasonable body searches.
7.6 Presence on the event grounds for the purpose of media coverage of the event (television, radio, internet, print, photography) and/or collection of match data is only permitted with prior consent of the organizer and in areas specially designated for these purposes. Without prior approval from the organizer, it is not allowed to record or collect sounds, photos and/or images, descriptions, results, or data of the event, unless this is done exclusively for private, non-commercial use. Any commercial use, regardless of the method or by whom, requires the prior written consent of the organizer. In any case, it is prohibited to transmit image, sound, and/or video recordings live or delayed and/or to publicly reproduce them on the internet, especially on social media platforms and/or apps, and/or other media (including mobile devices such as smartphones, tablets, etc.) without prior consent of the organizer, as well as to assist others in such activities.
7.7 It is prohibited to enter the playing field without proper authorization and/or to climb over or pass the barriers or fencing within the event grounds.
7.8 It is forbidden throughout the event grounds to carry and/or use the following items: weapons, objects that can be used as weapons or thrown projectiles, corrosive and easily flammable substances, bottles of any material, cans or other containers made of fragile, splintering, or particularly hard materials, torches, fireworks, smoke candles and/or powder, Bengal lights and other pyrotechnic items or substances/mixtures, laser pointers, bulky items, selfie sticks, beverages not purchased on the event grounds (exception: non-alcoholic drinks in cartons with a maximum capacity of 500 ml), illegal drugs, clothing obviously worn for masking purposes, animals, as well as any other objects that could endanger the safety within and around the event grounds, other visitors, players, and/or officials or unduly interfere with them.
7.9 Violations of the regulations in clause 7 within or outside the event grounds may result in a ban from the event grounds limited to the event area.
8. Contact
Ticket orders or inquiries regarding ticket sales can be directed to the organizer using the following contact details:
Bad Homburg Open Veranstaltungs-GmbH Hölderlinplatz 5 70193 Stuttgart Phone: +49 711 998856-22 Email: vip@badhomburg-open.de
9. Disclaimer of Liability
9.1 The stay on and in the event premises is at the visitor’s own risk.
9.2 The liability of the organizer is excluded unless otherwise stipulated in the following provisions.
9.3 The organizer is liable, regardless of the legal basis, only for damages caused intentionally or by gross negligence by the organizer, its legal representatives, or vicarious agents. The organizer is also liable in the case of a slightly negligent breach of essential contractual obligations.
9.4 Except in cases of intentional conduct, the organizer’s liability is limited to compensation for foreseeable, contract-typical damages, unless there is a grossly negligent breach of essential contractual obligations.
9.5 The liability of the organizer remains unaffected in cases of damages arising from injury to life, body, or health that result from a negligent breach of duty by the organizer or from intentional or negligent breaches of duty by a legal representative or vicarious agent of the organizer. Also unaffected is any liability for defects fraudulently concealed by the organizer, within the scope of a guarantee commitment, as well as any liability under the Product Liability Act.
10. Data Protection
10.1 Unless otherwise specified in these General Terms and Conditions of Business (ATGB), the processing of personal data of the purchaser and/or ticket holder takes place on the one hand to fulfill a contract between the organizer and the purchaser/ticket holder in accordance with Article 6(1) sentence 1(b) of the GDPR.
10.2 Further data protection provisions, including the rights of the ticket holder under the GDPR and the contact details of the organizer’s data protection officer, can be found in the privacy policy available at https://badhomburg-open.de/de/datenschutz/.
11. Place of Performance / Jurisdiction / Dispute Resolution
11.1 If the contractual partner is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the sole place of performance for delivery, service, and payment shall be the organizer’s registered office.
11.2 If the contractual partner is a merchant within the meaning of the HGB, a legal entity under public law, or a special fund under public law, and has no general place of jurisdiction within Germany, or if their residence or habitual place of abode is unknown at the time the claim is filed, the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of the organizer.
11.3 However, the organizer reserves the right to bring an action against the purchaser also at their general place of jurisdiction.
12. General Provisions, Amendments to the Terms and Conditions of Purchase (ATGB)
12.1 Should individual provisions of these Terms and Conditions of Purchase (ATGB) be wholly or partially invalid, unenforceable, or impracticable, this shall not affect the validity of the contract or the remaining provisions.
12.2 Exclusively the law of the Federal Republic of Germany shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
12.3 In the case of ongoing obligations, the organizer is entitled at any time to amend these ATGB. Such amendments may take effect no earlier than four weeks after receipt of the corresponding notification of change in text form. Until the amendment takes effect, the purchaser may object to the new ATGB in text form. If no objection is raised, the amendment shall come into effect at the specified time. If the purchaser objects, the amendment shall not take effect with respect to the purchaser. In such a case, the organizer shall be entitled to extraordinary termination of the respective ongoing obligation within four weeks of receipt of the objection.
13. Image and Sound Recordings
The purchaser consents that the organizer is entitled, within the scope of the event and without obligation to pay any remuneration, to create and/or have third parties create image and sound recordings of the attendees, to reproduce, broadcast, and use them in any audiovisual media. These rights apply worldwide and for an unlimited period of time.
