General Terms and Conditions

Preamble

on:Tickets is a ticketing platform of on:NetworkAgency UG (haftungsbeschränkt) (hereinafter "on:Tickets" or "we"). Organizers can sell tickets for their own events via on:Tickets. on:Tickets acts exclusively as a technical intermediary and marketplace - the ticket purchase contract is concluded directly between the buyer and the respective organizer.

These GTC are divided into two parts: Part A applies to ticket buyers (end customers who purchase tickets via on:Tickets). Part B applies to organizers (commercial users who sell events and tickets via on:Tickets).

Part A - General Terms and Conditions for Ticket Purchasers

A.1 Scope of application and contractual partners

(1) These terms and conditions apply to every ticket purchase via the on:Tickets platform (accessible at ontickets.de and associated subdomains).

(2) The buyer's contractual partner for the ticket is exclusively the organizer who has published the event on on:Tickets. on:Tickets only mediates the conclusion of the contract technically and does not act as the organizer itself, unless expressly stated otherwise.

(3) The respective organizer is identified on the event details page and on the ticket itself. The organizer is solely responsible for the implementation of the event, the service used and all associated obligations.

(4) The contract with on:Tickets itself is limited to the provision of the technical platform, the ticket management, the dispatch of tickets and the processing of payments via the connected payment service providers.

A.2 Ticket order and conclusion of contract

(1) The presentation of events on on:Tickets does not constitute a binding offer, but an invitation to submit an offer.

(2) By selecting the tickets, entering the required buyer data and clicking on the final order button, the buyer submits a binding offer to purchase the tickets.

(3) The contract with the organizer is concluded as soon as the buyer receives an order confirmation by email. The confirmation is sent automatically by on:Tickets on behalf of the organizer.

(4) The contract language is German. The text of the contract is stored in the buyer's on:Tickets account and can be viewed there at any time.

A.3 Prices, service fee and payment

(1) All ticket prices shown include the applicable statutory value-added tax if the organizer is liable for value-added tax.

(2) In addition to the ticket price, a service fee is charged by on:Tickets. This currently amounts to 3.5% of the ticket price plus €0.35 per ticket, unless otherwise stated in the respective event checkout. The service fee covers the provision of the platform, payment processing, e-mail delivery of tickets and buyer support.

(3) The service fee is shown transparently before the order is concluded and is part of the total amount.

(4) The following payment methods are available - depending on the configuration of the respective event: Credit and debit cards (Visa, Mastercard, American Express) via Stripe; SEPA direct debit via Stripe; Apple Pay / Google Pay via Stripe; PayPal; invoice / prepayment / SEPA direct debit (B2B, collective invoices, if activated by the organizer).

(5) The ticket price is waived for free tickets (free tier / RSVP). A service fee will not be charged in this case, unless expressly stated otherwise.

(6) The total amount is due immediately upon completion of the order and will be debited immediately or collected by the payment service provider.

A.4 Delivery of tickets

(1) Tickets are only provided electronically. After successful payment, the buyer will receive the tickets by email as a PDF with a QR code and in the on:Tickets wallet of their account.

(2) Physical tickets will not be delivered by post.

(3) The purchaser is obliged to keep the ticket safe until admission and not to make the QR code or the entire ticket accessible to third parties who are not authorized to use it.

A.5 Right of withdrawal - exclusion for leisure events

(1) There is no statutory right of withdrawal for scheduled leisure events (§ 312g para. 2 no. 9 BGB). This applies to the majority of events sold via on:Tickets (concerts, festivals, conferences, workshops, parties, etc.) - regardless of whether the buyer purchases the ticket as a consumer or as an entrepreneur.

(2) For events that exceptionally do not fall under the exclusion (e.g. unlimited digital content or vouchers without a fixed date), the buyer will be informed separately about their right of withdrawal at checkout.

A.6 Return, exchange, cancellation and postponement

(1) Purchased tickets cannot be exchanged or returned. This also applies in the event of illness, incapacity or other reasons attributable to the purchaser.

(2) A refund will only be made in the following cases: Cancellation of the event by the organizer; unreasonable postponement of the event (in particular in the event of a significant change in date, location or content to the detriment of the purchaser).

(3) If an event is postponed or canceled, the organizer will inform the buyer via on:Tickets (e-mail to the address provided in the order process). The refund will be made to the original means of payment within 14 days of confirmation of the refund claim.

(4) The service fee of on:Tickets is included in the refund if the refund is made for reasons for which the organizer is responsible.

(5) Announcements regarding the program, artists, speakers or thematic content are non-binding and may be changed by the organizer without this giving rise to a claim for reimbursement as long as the overall character of the event remains unchanged.

A.7 Force majeure

If an event cannot take place or has to be postponed due to circumstances for which the organizer is not responsible (force majeure, official orders, natural disasters, pandemics, strike, war, threat of terrorism), neither the organizer nor on:Tickets assumes any liability for any resulting damages suffered by the purchaser. A claim for reimbursement of the ticket price in such cases is governed by the statutory provisions and the conditions of the respective organizer.

A.8 Personal commitment, transfer and forfeiture

(1) Tickets are always personal. At admission control, the organizer may request that the ticket holder presents an official photo ID.

(2) A transfer of the ticket to another person is possible - if permitted by the respective organizer - via the "Transfer ticket" function in the Wallet up to 24 hours before the start of the event at the latest.

(3) Certain ticket categories may be completely excluded from transfer (in particular personalized passes, hotel allotments, special tickets). The exclusion will be indicated on the ticket or in the checkout.

(4) If all required guest data (first name, last name, e-mail) is not provided by the deadline set by the organizer for personalized tickets, the ticket may lose its validity and will not entitle the holder to admission.

A.9 Promo codes and discounts

(1) Promo codes are discount codes issued by the organizer for specific persons or groups. By redeeming a promo code, the purchaser assures that he/she is authorized to use it.

(2) The sale, public distribution or other transfer of promo codes to third parties is prohibited unless expressly permitted.

(3) In the event of misuse or dissemination, the respective organizer may void the promo code, cancel the purchase made with it and exclude the purchaser from the event. In this case, the on:Tickets service fee remains with on:Tickets.

A.10 Admission, domiciliary rights and house rules

(1) The purchaser must present a valid ticket (digital or printed with QR code) and, if applicable, a photo ID at the admission control.

(2) The respective organizer exercises domiciliary rights at the event. Their instructions must be followed. on:Tickets does not exercise domiciliary rights at the event venue.

(3) The organizer may refuse admission if the buyer is aggressive, abusive or clearly under the influence of intoxicants, violates the house rules or is carrying weapons/dangerous objects. There is no entitlement to a refund in such cases.

A.11 Liability

(1) as a platform operator, on:Tickets is liable without limitation for damages resulting from injury to life, body or health, for damages caused intentionally or through gross negligence, and in accordance with the Product Liability Act.

(2) In the case of damages caused by slight negligence, on:Tickets is only liable in the event of a breach of an essential contractual obligation (cardinal obligation) and the amount is limited to the foreseeable damage typical for the contract.

(3) The organizer is solely liable for the proper execution of the event itself. on:Tickets is not liable for the content, quality, punctuality, safety or cancellation of the event.

(4) The above limitations of liability also apply in favor of the organs, employees and vicarious agents of on:Tickets.

A.12 Rights of use to posted content

If the buyer posts their own content (e.g. ratings, comments, profile pictures) when using on:Tickets, they grant on:Tickets a simple right of use, unlimited in time and space, to store and display this content as part of platform operation and to use it for platform-related communication. The buyer assures that they have the necessary rights to this content.

A.13 Data protection

Personal data is processed in accordance with our privacy policy. When applying for or participating in events, the name, e-mail address and any other data required for the organization of the event are generally transmitted to the respective organizer.

A.14 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Consumers whose habitual residence is outside Germany may additionally invoke the mandatory consumer protection provisions of their home country.

(2) The exclusive place of jurisdiction shall be Hamburg if the Buyer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.

(3) Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

(4) The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr. on:Tickets is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Part B - General Terms and Conditions for Organizers

B.1 Scope and subject matter of the contract

(1) These terms and conditions govern the use of the on:Tickets platform by event organizers for the sale of tickets, the administration of events and participants and the processing of the associated payment flows.

(2) The Organizer's contractual partner is on:NetworkAgency UG (haftungsbeschränkt) (hereinafter "on:Tickets" or "we").

(3) A Platform Usage Agreement is concluded as soon as the Organizer creates an Organizer account on on:Tickets, completes the Stripe Connect onboarding and publishes the first event. In addition, the Platform Terms and Conditions visible in the admin dashboard and any individual agreements apply.

B.2 Obligations and assurances of the organizer

(1) The organizer warrants that the data provided in the onboarding (company name, address, authorized representatives, VAT ID number, bank details) is true, complete and up-to-date and that any changes will be updated immediately.

(2) The organizer is solely responsible for: The content, legality and implementation of its events; compliance with all event-related legal obligations (venue law, youth protection, hygiene regulations, GEMA, KSK, etc.); obtaining all necessary rights to images, texts, logos and trademark rights that it publishes on the platform; invoicing and tax payment to buyers (in particular VAT); processing refund requests and customer inquiries relating to the event itself.

(3) The organizer shall indemnify on:Tickets against all third-party claims resulting from a breach of these obligations (including reasonable costs of legal defense).

B.3 Intermediary model and Stripe Connect

(1) on:Tickets acts exclusively as a technical intermediary in the relationship with the ticket purchaser. The contract for the ticket is concluded between the purchaser and the organizer.

(2) Payment shall be processed via Stripe Connect. The Organizer is obliged to set up a Stripe Connect account and to accept the Stripe Terms of Use (https://stripe.com/de/legal/connect-account).

(3) The proceeds from ticket sales (gross ticket price) are credited directly to the organizer's Stripe account. on:Tickets only receives the service fee regulated under B.4 via the Stripe function application_fee.

B.4 Remuneration of on:Tickets

(1) on:Tickets charges a service fee per ticket sold. By default, this is 3.5% of the gross ticket price plus €0.35 per ticket and is paid by the purchaser in addition to the ticket price. The service fee does not apply to free tickets, unless expressly agreed otherwise.

(2) on:Tickets automatically retains the service fee for each transaction (Stripe application_fee). The organizer is not invoiced separately; the fee is shown per transaction in the organizer dashboard.

(3) From the service fee, on:Tickets bears the costs for Stripe processing, hosting, e-mail dispatch, support, maintenance and further development of the platform.

(4) on:Tickets reserves the right to adjust the fee model with reasonable notice (at least 30 days). Existing bookings remain unaffected by adjustments.

(5) Individual deviating remuneration models (e.g. white label, enterprise, fixed prices) can be agreed separately in writing.

B.5 Payment to the organizer

(1) Ticket proceeds are paid out to the organizer directly by Stripe in accordance with the payout settings stored in the Stripe account (default: rolling payout).

(2) on:Tickets does not hold funds in interim custody and does not hold buyer funds in trust.

(3) In the case of refunds, the service fee will generally also be refunded. In the event of a refund initiation by the organizer, the service fee may be retained in accordance with the Stripe Refund Rules.

B.6 Data protection obligations of the organizer

(1) As part of its events, the organizer receives access to the personal data of the buyer (name, email, possibly other registration data). on:Tickets provides this data so that the organizer can fulfill the contract with the buyer.

(2) The organizer is independently responsible for the processing of this data within the meaning of the GDPR. It must maintain its own privacy policy and safeguard the rights of the data subjects.

(3) Insofar as on:Tickets processes personal data on behalf of the organizer beyond the pure platform function (e.g. sending individual newsletters by the organizer), an order processing contract (AVV) will be concluded upon request.

B.7 Prohibited content and blocking

(1) The Organizer may not offer any events that violate applicable law, morality or the rights of third parties, in particular: events with anti-constitutional, violence-glorifying, pornographic or youth-endangering content; unauthorized events for which official permits would be required; events that serve as a pretext for money laundering, fraud or gift circles; events whose trademark rights, licenses or permits are not held by the Organizer.

(2) on:Tickets is entitled to temporarily deactivate events in the event of suspected violations, to withhold payouts and to terminate the organizer account without notice in the event of repeated or serious violations.

B.8 Availability, maintenance, force majeure

(1) on:Tickets endeavors to ensure high availability of the platform, but does not guarantee uninterrupted availability. Where possible, maintenance windows are scheduled outside of busy periods.

(2) In the event of outages due to force majeure (in particular outages at Stripe, Cloudflare, Microsoft Azure), on:Tickets is exempt from the obligation to perform.

B.9 Liability towards the organizer

(1) on:Tickets is liable to the organizer without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

(2) In the case of damages caused by slight negligence, on:Tickets is only liable for breaches of essential contractual obligations (cardinal obligations) and the amount is limited to the foreseeable damage typical for the contract, but not more than the amount of the service fees paid to on:Tickets in the last 12 months.

(3) Liability for loss of profit, loss of ticket sales or indirect consequential damages is excluded to the extent permitted by law.

B.10 Term and termination

(1) The Platform Usage Agreement is concluded for an indefinite period and can be terminated by either party with 14 days' notice to the end of the month.

(2) Both parties reserve the right to terminate the contract without notice for good cause. Important reasons for on:Tickets are in particular repeated or serious violations of B.2 or B.7.

(3) Once the termination takes effect, no new events will be accepted. Events that have already been planned and paid for can still be held up to the event date, provided there is no important prohibition to the contrary.

B.11 Final provisions

The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from this contractual relationship is Hamburg, provided the organizer is a merchant.