General Terms and Conditions of Ticket Sales

General Terms and Conditions of Ticket Sales ("T&Cs")

1. Validity of Terms

1.1 Scope: These T&Cs govern the legal relationship arising from the purchase and/or use of day and/or season tickets and/or other tickets (collectively "Ticket" or "Tickets") from SV Werder Bremen GmbH & Co. KGaA ("Club") or from third parties authorized by the Club ("Authorized Vendors"), and apply in particular to attendance at events (e.g., soccer games) that are at least partially organized by the Club, as well as to admission to and occupancy of the Weserstadion in Bremen ("Stadium").

1.2 Away game tickets: These T&Cs also apply to the legal relationship arising from the purchase and/or use of Tickets authorizing stadium admission for away games of the Club ("Away Tickets") when the Away Tickets were purchased from the Club or from Authorized Vendors. In the event that these T&Cs conflict with terms and conditions of the home club, these T&Cs take precedence in the relationship between the customer and the Club.

1.3 If a purchased Ticket authorizes transportation via the Transit Authority of Bremen and Lower Saxony (VBN), the contract of carriage is constituted solely between the purchaser of the Ticket and the transportation company used by him, on whose behalf the organizer collects the fare cost as part of the Ticket price. The amount of the fare is determined by the agreement between the Club and VBN regarding the issue of combined tickets and amounts to €1.23 per game for the 2016/17 season. Please refer to the separate conditions of carriage of the transportation company.

2. Ticket Order, Contract and Services

2.1 Online order: When an order is placed online, the customer enters into a binding contract with the Club as soon as he or she submits an order using the field designated for this purpose on the Club website. Once submitted, orders cannot be changed or canceled. Any confirmation of receipt provided by the Club to the customer does not constitute an acceptance of the customer's order. The order is deemed accepted only after the Club has issued a separate email explicitly stating the acceptance of the order, and not later than the delivery of the Tickets.

2.2 Right of access: By entering into a contract with the Club or an Authorized Vendor for the purchase of one or more Tickets, the customer acquires the right to attend the respective event(s) in accordance with these T&Cs, and in particular with the provisions of section 10 ("Right of Access").

3. Season Ticket

3.1 Season Ticket: A Season Ticket is owned by the Club and entitles the customer to attend the Club's seventeen (17) Bundesliga home games at the stadium. Authorization to attend each Bundesliga home game is issued as a partial performance within the meaning of the Value Added Tax Act. The right of access does not apply in the event that a game is canceled and not rescheduled or in the event that a game must be played wholly or partially in the absence of spectators in accordance with a relevant association or competent authority. In this event, the customer is not entitled to a (partial) refund of the Season Ticket price. Each Season Ticket is issued to a specific person. The Club is not obligated to transfer the Season Ticket to another person.

3.2 Multifunction card: The Club Season Ticket is a modern smart card that can be used as means of payment as well as a ticket, provided that the required funds have been loaded onto the card. If the customer is a Season Ticket holder, paper tickets are not issued. Instead, access is granted when the Season Ticket is activated. Activating the Season Ticket grants access only to the Season Ticket holder. An electronic access control system provides access to the stadium. When activating the services that have been booked and paid for using the chip card, the Club is only obligated to provide stadium access to the customer who is in possession of the Season Ticket. Entry to the stadium is expressly denied if the imprint on the Season Ticket is presented but the card itself has not been activated.  

4. Discounted Tickets

Current (and, where available, official) proof of entitlement to the discount must be presented when purchasing discounted Tickets. It must also be brought to the stadium and shown at the request of security personnel. If the customer is not carrying the proof or if it is not valid, entry to the stadium may be denied; in this event, the customer has no claim to compensation.

5. Payment Methods

5.1 Ticket prices: The price of the Ticket is based on the Club's current price list. Ticket orders will be processed after advance payment with accepted payment methods (e.g., SEPA direct debit, SEPA credit transfer, debit card, credit card, cash). If Tickets are delivered by mail, the Club may charge the buyer an additional fee for delivery costs and/or an appropriate processing fee (e.g., advance booking fee).

5.2 Cancellation: If payment is unsuccessful for reasons for which the customer is responsible (e.g., insufficient credit or funds, chargeback), the Club has the right to cancel the order or to invalidate the relevant Tickets electronically; the Tickets then become void. Any additional costs incurred are borne by the customer. The Club reserves the right to seek compensation for damages.

5.3 Season Ticket: For Season Tickets, the fee for partial performance is 1/17th of the price of the Season Ticket.

5.4 Invoice: The invoice is delivered to the customer either electronically or on paper, subject to the Club's discretion.

5.5 SEPA direct debit mandate: If the customer grants the Club a SEPA direct debit mandate, the debit is initiated on the invoice date after advance notice is provided (pre-notification). The deadline for pre-notification is reduced to one (1) business day. The user agrees to maintain adequate funds in the account. Costs incurred due to non-payment or refund of the direct debit will be charged to the user, provided that the non-payment or refund was not caused by the Club.

6. Delivery and Pickup

6.1 Delivery: The customer assumes all costs and risks associated with delivery. The customer bears the risk of loss or damage to the Tickets during delivery, unless the loss or damage is due to the gross negligence or malicious intent of the Club or of a third party appointed by the Club. The delivery company is selected by the Club.

6.2 Pickup: If an order is booked on short notice and the timely delivery of the Tickets cannot be guaranteed, the customer can collect the tickets at the pickup point set up at the stadium. Tickets may be picked up only by the customer or by a representative authorized by the customer in writing, and only after an official document or other acceptable identification has been shown.

7. Reissue in the Event of Defect or Loss

7.1 Defect: If a Ticket has a technical defect, the Club will invalidate the Tickets immediately after receiving notification of the defect and will provide a new Ticket upon presentation of the original Ticket.

7.2 Loss: The Club must be notified immediately if the customer loses the Season Ticket purchased by him or her. The Club is entitled to invalidate the Season Ticket immediately after notification of its loss. After the loss has been reported, the Season Ticket has been invalidated, and the customer's identification has been verified, the Season Ticket can be reissued. If a loss is falsely reported, the Club will file a criminal complaint. For security reasons, lost Day Tickets cannot be reissued.

7.3 Fee: If a Season Ticket must be reissued for reasons demonstrably outside the control of the Club or of third parties appointed by the Club, a service fee will be charged in accordance with the valid price list (currently EUR 25.00).

8. Returns and Refunds

8.1 Exchanges and returns: Tickets may not be returned or exchanged.

8.2 Return of Season Ticket: Notwithstanding section 8.1, a customer who is a Season Ticket holder is entitled to return Tickets for individual games designated by the Club. The right of return for the designated game generally expires on the last business day before the day of the game for which the Ticket is returned. The Season Ticket is then blocked for the corresponding game. In this case, the customer is entitled to a refund of the Ticket price pro rata, subject to the conditions for Ticket resale by the Club or a vendor authorized by the Club. The pro rata Ticket price is calculated by dividing the current Season Ticket price in the Club's price list by 17 and deducting a service charge of 5%.

8.3 Change or abandonment of game: If the location or time of the event is changed (including, but not limited to, cases in which the final decision regarding the game had not yet been made at the time of Ticket purchase), the Tickets will remain valid. In this event, and in the event that the game is abandoned, the Ticket holder is not entitled to a refund of the Ticket price, unless the Club can be shown to be at fault for the change of the location or the abandonment of the game.

8.4 Rematch: In the event of a rematch, Tickets for the original event remain valid. The customer is not entitled to a reimbursement or alternative compensation.

8.5 Match cancellation and exclusion of spectators: If a game is cancelled without being rescheduled, or must be played wholly or partially in the absence of spectators in accordance with a relevant association or competent authority, the Club is entitled to withdraw from the contract arising from the purchase of one or more Tickets for the relevant game. Any customer affected will be refunded for the price paid after he or she presents the Ticket or sends the Ticket to the Club at his or her own expense. Shipping and handling fees are non-refundable.

9. Use and Transfer

9.1 Purpose: It is in the interests of the Club and of stadium security to restrict the sale or transfer of Tickets in order to avoid violence and crime associated with the stadium visit, enforce stadium bans, separate supporters of the opposing teams and prohibit the resale of Tickets at inflated prices, particularly for the preservation of the pricing structure developed by the Club in accordance with the needs of the fans and social factors. The commercial sale or transfer of Tickets by any entity other than the Club or its Authorized Vendors is prohibited. In the event that personal circumstances prevent the Ticket holder from using the Tickets, Tickets may be transferred in accordance with the following provisions.

9.2. Prohibited transfer: Tickets are sold exclusively for private use. Commercial resale of any kind is prohibited. The Ticket holder is forbidden from the following in particular:

A. selling the Ticket for commercial purposes without the prior written permission of the Club;

b. offering or selling the Ticket for private use with the intention of selling it at a much higher price than the one indicated on the Ticket. (For a Season Ticket, the official price of a single game is determined by dividing the total cost of the Season Ticket by the number of home games per season.) This situation is particularly likely to occur if the "Buy It Now" (fixed price) is not exclusively selected in online auctions, including eBay, or if the Ticket(s) is/are offered on other online ticketing platforms (e.g., viagogo, seatwave) at a price 15% higher than the face value; a price mark-up greater than 15% to offset actual transaction costs and the use of copyrights and other rights of the organizer in preparing, executing, and/or processing the private transfer is prohibited; - transferring the Ticket to persons who have been barred from attending soccer games at the stadium for safety reasons and/or due to a nationwide stadium ban;

c. transferring the Ticket to persons who (i) are banned from entering the stadium or (ii) resell the ticket for commercial purposes, provided the customer was or ought to have been aware of this circumstance;

d. transferring the Ticket to supporters of visiting clubs, provided that the Ticket was not purchased from the visiting club;

e. transferring and/or using the Ticket without prior written permission from the Club for purposes of advertising, marketing, or as a bonus, promotional gift, prize, in raffles, or as part of an unauthorized hospitality or travel package.

With every Ticket transfer, the previous Ticket holder must inform the new Ticket holder of the validity of these T&Cs before the contract takes effect.

9.3 Penalties: In the event of one or more violations of the provisions of section 9.2 and/or other prohibited transfer of Tickets, the Club has the right

a. to refuse to deliver Tickets to a customer if those Tickets were used contrary to the provisions of section 9.2 before being transferred or delivered to the customer;

b. to block the relevant Tickets and to deny the Ticket holder entrance to the stadium, or expel him or her from the stadium, without compensation;

c. to bar the customers concerned from purchasing tickets for a reasonable amount of time, not to exceed five years; the length of time depends on the number of violations and on the number of Tickets offered, sold, transferred, or used, as well as the amount of proceeds from resale;

d. to demand payment from the customer in the amount of the proceeds or profits made in accordance with section 14;

e. to cease to grant the relevant customers preferential rights, including the preferential rights associated with membership in the Club or in the Club's official fan club, and/or to terminate the relevant customers' membership in the Club.

9.4 Reproduction prohibited: Any reproduction of tickets or other access passes, such as the reproduction of parking passes, without the consent of the Club is prohibited and will be prosecuted.

10. Admission to the Stadium and Conduct in the Stadium

10.1 Stadium policies: Entrance to the stadium is subject to the stadium policies posted at the stadium and accessible online at www.werder.de. By entering the stadium, every Ticket holder acknowledges the stadium policies and accepts them as binding. The stadium policies apply within the enclosed stadium area, its external areas and walkways between Franz-Boehmert-Str. and the street Auf dem Peterswerder, and stadium parking lots P1-P6 ("geographical area of validity").

10.2 Enforcement of policies: The Club and third parties authorized by the Club may ask anyone in violation of stadium policies to leave the premises at any time. Instructions issued before and during the event by the Club, the police, the security personnel, and stadium management must be followed at all times.

10.3 Right of access: Access rights are granted only to those in possession of a valid access authorization. This authorization must be presented at the request of the Club and/or the security personnel. Children under the age of 12 may enter the stadium for soccer games only when accompanied by an adult. Persons who pose a security risk because of alcohol or drug use or who violate the terms of sections 10.4, 10.5, or 10.6 are not permitted to remain in the stadium.

10.4 Conduct in the stadium: The following code of conduct exists to protect the legal interests of players, spectators, and all other persons attending stadium events, as well as the legal interests of persons who encounter such events by necessity or by chance, and the legal interests of the clubs participating in each game (including protection from the imposition of an association sanction for spectator misconduct). Every person must behave in a way that does not interfere with or endanger safety and order in the areas in which the code of conduct applies, in particular may not damage, endanger, or obstruct or disturb anyone else more than is unavoidable under the circumstances. In the event that Ticket holders or customers commit one or more violations of the following code of conduct, the Club, the police, and/or security personnel are entitled

-to seize, without compensation, any prohibited items brought by Ticket holders or customers, and/or

-to deny Ticket holders or customers access to the stadium area without compensation and/or to expel them from the stadium.

10.5 Prohibited items: Visitors are prohibited from bringing the following items into the stadium:

a. weapons as defined in the current version of the Weapons Act, as well as items that are objectively suited and intended to seriously injure persons or damage property;

b. materials (including, but not limited to, banners, flags, signs, and posters) with offensive, racist, xenophobic, violent, discriminatory, antidemocratic and/or anti-constitutional content;

c. gas spray cans, substances that corrode or stain, flammable liquids or pressure containers for highly flammable or harmful gases, with the exception of standard pocket cigarette lighters;

d. bottles made of any material, cups, jars, cans, or other containers that are made of fragile, splintering or especially hard material;

e. bulky, solid objects, such as ladders, stools, chairs, crates, suitcases;

f. firecrackers, rockets, flares, Bengal lights, smoke powder, smoke bombs, or other pyrotechnic articles or substances or mixtures with which a pyrotechnic composition can be created;

g. drinks that were not purchased in the stadium, with the exception of non-alcoholic beverages in Tetra Paks with a capacity of up to 0.33 liters; this exception does not apply to areas for visiting supporters;

h. illegal drugs of all kinds;

i. animals;

j. laser pointers;

k. items that are suited and, under certain circumstances intended, to prevent identification;

l. professional or semi-professional cameras (e.g., single-lens reflex cameras), video cameras, audio and video recording equipment, provided that the Club has not given its consent expressly in writing.

10.6 Other prohibitions: It is also prohibited:

a. to occupy stadium areas other than those specified by the ticket or authorization;

b. to unroll banners in the stadium to obstruct visibility with the intention of concealing prohibited activities;

c. within the area of application

-to climb up or over structures or facilities intended for general use, particularly including facades, fences, walls, structures enclosing the playing area, barriers, pylons of any kind, roofs or trees;

-to throw objects;

-to start fires, burn or set off fireworks, rockets, Bengal lights, smoke powder, smoke bombs or other pyrotechnics;

-to write on, paint, place adhesives on, scratch, burn, or otherwise damage building structures, facilities, or paths;

-to relieve oneself outside of restrooms or to contaminate the facilities in any other way, in particular by discarding items or leaving them behind;

-to participate in a physical confrontation with third parties;

-to behave in a way that defames third parties for reasons including, but not limited to, their skin color, religion, gender, sexual orientation, ancestry, or ethnic origin;

-to demonstrate, through one's outward appearance, views that are racist, xenophobic, violent, discriminatory, antidemocratic and/or anti-constitutional. Elements of the "outward appearance" include, but are not limited to, clothing (e.g., from the brand Thor Steinar), visible tattoos, and body jewelry.

10.7 Prohibited unless authorized: Notwithstanding the above provisions, the following items may not be taken into the stadium without the prior written consent of the event organizer:

a. flag or banner poles longer than 1.5 m and/or with a diameter larger than 3 cm;

b. dual holders;

c. banners, flags, posters, or signs with an area greater than 2 square meters;

d. mechanically or electrically operated noise makers or devices for amplifying sound or voices.

For soccer games, officially registered fan clubs or fan groups may request permission by submitting an email and image of the object in question to the appropriate fan or member support not later than three (3) days before the start of an event. Approval is granted only in exceptional cases. Even if the request is submitted in a timely manner, approval may be denied, with no reasons given for the denial.

Items listed above for which approval is granted may be taken into the stadium only through "Gate 3" or "Gate 10," where they must be presented to the security personnel, along with the written permission, without prompting.

10.8 Recourse: In the event that one or more spectators violates the provisions of section 10.6 – including, but not limited to, those relating to the burning of Bengal lights, the use of other pyrotechnic articles and/or the throwing of objects -- the relevant associations (DFL Deutsche Fußball Liga GmbH, Die Liga – Fußballverband e.V., Deutscher Fußball-Bund e.V., Union of European Football Associations (UEFA)) may impose a fine or other penalties on the Club, or on the visiting club if corresponding violations are committed by fans of the visiting club. For damages resulting from a violation, the Club or the visiting club is entitled, without restriction, to take recourse against or claim compensation from the persons proven to be responsible for the violation. If the violation was committed by multiple persons, these persons are jointly and severally liable under Section 421 of the German Civil Code (BGB), with the consequence that the Club or visiting club may hold a single person proven to have committed the violation accountable for the full fine or for all damages incurred by the Club or visiting club as a result of the penalty, provided that there was a causal connection between the acts committed by the individuals proven to be responsible for the violation.

11. Fan Sections

Stadium area "Ost" is the designated section for Club fans. In stadium sections 121-142, 1, 53, and in the VIP Club Ost (collectively "Section Ost"), visibility may be impaired, particularly as a result of fences, choreography and/or waving flags. These limitations are not grounds for complaints or claims for compensation. The same applies to the stadium's upper level, "West," where the fan section for fans of the visiting team ("Visiting Fans") is located. For security reasons, the Club is required to separate the fans of opposing teams. As a result, fans of the visiting team, or persons who may be assumed to be Visiting Fans on the basis of their behavior or outward appearance, are prohibited from entering and/or occupying Section Ost for security reasons. The same policy applies for Club fans in the section for Visiting Fans. Club, police, and security personnel are entitled to refuse to admit fans of either team to these areas and/or to remove them from these areas, even if the fans are in possession of valid tickets. If no other suitable seat is available, the fan concerned may be expelled from the stadium or denied access to the stadium; in this event, the fan is not entitled to claim compensation.

12. Right to One's Own Picture

All visitors agree that, during their time in the stadium, their image and voice may be recorded free of charge by the organizer and/or third parties, who may then reproduce, transmit, and use these recordings (and/or allow third parties to reproduce, transmit, and use these recordings) in any audio-visual media.

13. Penalty

13.1 Conditions: In the event that the customer intentionally or negligently breaches these T&Cs (including, but not limited to, one or more provisions of sections 9, 10.4, 10.5, or 10.6 of these T&Cs), the Club is entitled to impose an appropriate fine on the customer (not to exceed to EUR 2,500), in addition and without prejudice to any further claims for damages (in particular without prejudice to recourse taken in accordance with section 10.8 or under tort law).

13.2 Amount: The amount of the penalty is determined by considerations including the number and the scope of the violations, the nature and degree of fault (intention or negligence), efforts and success by the customer to compensate for damages, whether and the extent to the customer is a repeat offender, and, in the case of unauthorized resale of Tickets, the number of Tickets offered, sold, transferred, or used, and any profits or proceeds generated from the resale. In the interest of clarity, the customer is hereby informed that the penalty imposed may exceed the profits or proceeds resulting from resale.

14. Payout of Profits

14.1 Conditions: In the event that a customer carries out a Ticket transfer that is prohibited under section 9.2 (a.) and (b.), the Club is entitled to receive, in whole or in part, a payout from the customer of the profits or proceeds generated from the prohibited Ticket transfer, as well as to impose a penalty pursuant to section 13 and any other sanctions allowable under these T&Cs.

14.2 Amount: Whether and to what extent the proceeds are paid is determined by the criteria specified in section 13.2 of these T&Cs.

15. Liability

Visitors occupy the areas in and around the stadium at their own risk. The Club, its legal representatives and/or vicarious agents may only be held liable for damages, regardless of legal grounds, if such damages are due to malicious intent or gross negligence or to a breach of essential contractual obligations, in which case liability is limited to damages foreseeable at the time of contract formation. Essential contractual obligations are those which enable the proper execution of the contract; which would jeopardize the purpose of the contract if violated; and on whose observance the customer typically relies. This limitation of liability does not apply to claims for damages arising from injury to life, limb, or health, or from any other basis for liability mandated by law.

IV. Choice of Law, Place of Performance, Jurisdiction

16.1 Choice of law: German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

16.2 Place of fulfillment: The sole place of fulfillment for delivery, performance, and payment is the headquarters of the Club.

16.3 Jurisdiction: If the customer is a merchant as defined in the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, or if the customer has no general jurisdiction in Germany or has a domicile or habitual residence that is unknown at the time an action is brought, then the exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship is Bremen. In case of cross-border contracts, the exclusive jurisdiction for all disputes arising from the contractual relationship is also Bremen.

17. Note on EU Arbitration

The European Commission provides a platform for online dispute resolution (OS) at (http://ec.europa.eu/consumers/odr). It serves as a point of contact for the extra-judicial settlement of disputes related to contractual duties arising from online purchase agreements. Our email address is provided in section 19 below.

18. Alternative Dispute Resolution in Accordance with the German Consumer Dispute Resolution Act

Please note that we are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

19. Contact

Regarding Ticket orders and all matters relating to Club Tickets, please contact: SV Werder Bremen GmbH & Co KG aA, Franz-Boehmert-Str. 1c, 28205 Bremen, Phone: 0421/434590, Fax: 0421/490506, Email: info@werder.de

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