These General Terms and Conditions of Business (hereinafter referred to as «GTC») apply to all services offered by Ticketcorner Ltd (hereinafter referred to as «Ticketcorner»). By using the services of Ticketcorner, you accept the following conditions without change and in full.
The ticket purchaser accepts that the present general terms and conditions were translated from the original German version. In any cases of conflicts between this translated version and the German original version, the German version will be considered.
- I. Object
- II. Ticket sales
- 2.1 Services
- 2.2 Conclusion of Contract
- 2.3 Delivery of the Tickets
- 2.4 No onward Sale
- 2.5 Advertising and Competitions
- 2.6 Prices
- 2.7 Payment
- 2.8 Return, Reimbursement, Transfer and Exchange
- 2.9 Obligations of the Ticket Buyer when attending the Event or visiting the Business
- 2.10 Ticketcards
- 2.11 Vouchers
- 2.12 Skipoints
- III. Contact Tracing
- IV. Other services provided by the Event Organiser and Operator
- V. Responsibilities of the Ticket Buyer and the User
- VI. Ticketcorner’s rights
- VII. Guarantee
- VIII. Liability
- IX. Force majeure
- X. Intellectual Property
- XI. Final Provisions
1.1 General information
Information on the use of personal data is provided in the data protection statement. The data protection statement is an integral and binding component of these GTC.
Ticketcorner operates a ticket selling organisation. Ticket buyers (hereinafter «Ticket Buyers») can purchase, via various sales channels (Section 1.2.2) tickets for events (hereinafter «Events») and tickets for admissions, attendance and other recreational/entertainment services (mountain railways, event venues, catering establishments, leisure and cultural facilities, etc.) (hereinafter «Business»). Ticketcorner facilitates the direct conclusion of a contract for attendance at an Event and/or the Business between event organisers and/or operators (hereinafter «Event Organiser» and «Operator») and the Ticket Buyer.
The object of these GTC is the use of services which Ticketcorner provides to Ticket Buyers via the following sales channels: The websites such as ticketcorner.ch, skip.ch and ski.ticketcorner.ch, as well as partner websites provided by Ticketcorner (hereinafter the «Web Shop»), the various Mobile Applications of Ticketcorner, including Ticketcorner App, Ticketcorner Ski App, Ticketcorner Skip App, Mindful App (hereinafter collectively referred to as «Mobile Applications»), call centres operated by and for Ticketcorner, the advance sales offices operated by third parties (Web Shop, Mobile Applications, call centres and advance sales offices, hereinafter «Sales Channels») or, in the future, other, additional Sales Channels. Agreement to these GTC is given through the use of the corresponding services. When making use of individual services, the Ticket Buyer may be asked by Ticketcorner to confirm his agreement to the GTC by clicking a corresponding confirmation box.
1.3 Contact tracing and other services
Ticketcorner enables Event Organisers and Operators to comply with their legal obligations regarding contact tracing.
Ticketcorner also allows Event Organisers and Operators to offer other services, e.g. reservations, registration for waiting lists, provision of information such as event programmes, menus, match schedules, etc. Ticketcorner enables the direct conclusion of a contract between Event Organisers or Operators and the user of the service (hereinafter the «User»). Consent to the GTC is issued by making use of the services in question. When using individual Ticketcorner services, Users may be asked to confirm that they consent to the GTC again by clicking on a corresponding confirmation field.
II. Ticket sales
Ticketcorner’s conditions which can be accessed via the Sales Channels apply to all services. Ticketcorner can change the range of services offered at any time or stop providing services.
Ticketcorner facilitates, through the Sales Channels, the conclusion of a contract between the Ticket Buyer and the Event Organiser and/or Operator. When ordering tickets, the Ticket Buyer commissions Ticketcorner to process the ticket purchase, including shipping. Ticketcorner acts in this as the agent for the Event Organiser or Operator in question. When purchasing a ticket, a contract for attendance at an Event or the Business is made solely between the Ticket Buyer and the Event Organiser and/or Operator on the basis of these GTC and the terms and conditions as well as the GTC of the Event Organiser and/or Operator.
2.2 Conclusion of Contract
2.2.1 The Ticket Buyer’s purchase order
The overview provided at the advance Sales Channels of the tickets available is only considered to be an invitation to the Ticket Buyer to submit an offer. Ticket Buyers make their selection via the appropriate Sales Channel. The selection made is displayed in the shopping basket (Web Shop and Mobile Applications) or communicated to the Ticket Buyer (telephone order and advance sales office). By confirming the order, the Ticket Buyer is submitting his binding offer to purchase the selected tickets. The Ticket Buyer is obliged to provide all the information necessary for the ordering process completely and correctly.
To place an order via the Web Shop or in the Mobile Application (hereinafter «Online Order»), the Ticket Buyer must identify himself/herself in the Web Shop or in the Mobile Application with his/her user name or e-mail address and with his/her password (hereinafter «Access Data»; the respective user account hereinafter referred to as the «Online Account»).
The Access Data provided to the Ticket Buyer are intended to be used personally by the Ticket Buyer and are confidential. All Online Orders placed via the Online Account will be charged to the Ticket Buyer as the Online Account holder and are binding for him.
2.2.3 Order confirmation
When ordering via the Web Shop, the Mobile Application or if the customer provides his/her e-mail address to the call centre, the Ticket Buyer will receive an order confirmation by e-mail or text message after the order process has been completed. This expressly does not as yet represent acceptance of the offer by Ticketcorner.
2.2.4 Acceptance by Ticketcorner in the name and on behalf of the Event Organiser and/or Operator
The contract for the purchase of a ticket to attend an Event or the Business between the Ticket Buyer and the Event Organiser or Operator is only concluded when the tickets are sent, made available or handed over to the Ticket Buyer or when Ticketcorner activates the access authorisation on a Ticketcard. The tickets are dispatched, made accessible, handed over or released only after the receipt of the buyer’s payment by Ticketcorner or the advance sales office, irrespective of the method of payment.
2.2.5 Personalised tickets
The Event Organiser or Operator is entitled to personalise tickets. For this purpose, the personal details of the authorised ticket holder can be printed on the ticket or linked electronically. Only the person named on the ticket or electronically linked to it will be granted access to the booked Event or to the Business. If a buyer books tickets for several people, he or she must ensure that the personal details of everyone attending are provided fully and accurately.
2.3 Delivery of the Tickets
The decision on the choice of shipping method rests with the Event Organiser or Operator. The ticket can be delivered or sent, in particular, in paper form to the postal address provided by the Ticket Buyer, by e-mail with a download link to the PDF file of the print@home ticket (barcode and QR code; hereinafter «print@home Ticket»), as a mobile ticket by text message to the mobile phone number provided or in the Mobile Application (e.g. Ticketcorner.Pass; hereinafter collectively referred to as «Mobile Ticket»), by activating a Ticketcard (Section 2.10) or in paper form by handing it over at the advance sales office (hereinafter collectively «Tickets»).
The Ticket Buyer is obliged to check the Tickets immediately on receipt. In the case of personalised Tickets, it is particularly important that the Ticket Buyer checks whether the printed personal details are correct. The Ticket Buyer must notify Ticketcorner of any damage to the ticket or deviations in the Tickets delivered by post or electronically from the Tickets ordered within 3 working days. If the Ticket Buyer fails to do this, the delivered Tickets are considered to have been approved (Art. 201 OR).
The benefit and risk pass to the Ticket Buyer at the time of dispatch from the registered offices of Ticketcorner (Art. 74 Para. 2 Fig. 2 OR). The Ticket Buyer is responsible for keeping the Tickets safe until the Event. The replacement of damaged or lost Tickets is excluded, subject to Fig. 188.8.131.52, 184.108.40.206 and 2.10.3.
2.3.2 Electronic delivery of print@home Tickets
The Ticket Buyer prints out the print@home Ticket made accessible after the receipt of payment via the link notified with the order confirmation in unchanged size with a suitable printer on white A4-size paper. The Ticket Buyer recognises that it is within his own sphere of responsibility and risk to have all the necessary technical facilities available that are necessary for the receipt and printing of the print@home Ticket.
The printed print@home Ticket must be stored carefully until the Event is attended and must not show any damage, soiling or other impairments during use, in particular in the area of the machine-readable barcode or QR code, which would make it impossible or impede verification upon admission. If the print@home Ticket is damaged, soiled or otherwise adversely affected in this way, the buyer has no claim to admission to the Event and/or to the reimbursement of the payment made by the Ticket Buyer.
Every ticket purchased only provides the Ticket Buyer with one access authorisation. Any reproduction, copying, changing or imitation of the print@home Ticket and any electronic dissemination of the corresponding PDF file is expressly forbidden. If the print@home Ticket is lost or damaged, however, the Ticket Buyer may print out the print@home Ticket again, although he is aware of the possibility of being refused entry to the Event if the circumstances according Fig. 220.127.116.11 exist.The damaged print@home Ticket must be destroyed immediately. If the Ticket Buyer has already deleted the PDF file at the time of the loss or damage, he/she can print out the Ticket again from within the Online Account or contact the Ticketcorner hotline. Ticketcorner will then send the Ticket Buyer the PDF file again. Ticketcorner reserves the right to limit the number of repeat deliveries. The Ticket Buyer is aware that it is not possible to block the print@home Ticket. In this case too, the provision of Fig. 18.104.22.168 applies.
The Event Organiser can refuse access to the Event, if several print-outs, reproductions, copies or imitations of a print@home Ticket are in circulation and a holder of a print-out, copy or imitation of the print@home Ticket in question has already been granted access to the Event. The Event Organiser is in particular not obliged to check the identity of the ticket holder with the ticket purchaser or to check the authenticity of the print@home Ticket. If a holder of a print@home Ticket is turned away from the entry check for this reason, there is no claim to reimbursement of the payment made.
2.3.3 Electronic delivery of Mobile Tickets
Mobile Tickets will be delivered after payment has been made by notification to the mobile phone number provided by the Ticket Buyer or by making them available in the Mobile Application. Depending on the model of the mobile phone, the Mobile Ticket is displayed in the message in the form of a link or an image. If the mobile application is used, the Mobile Ticket is displayed within the mobile application.
The Ticket Buyer acknowledges that it is his/her own responsibility and risk to have all the technical facilities necessary to receive or make available the Mobile Ticket. Any reproduction, copying, modification or imitation of the Mobile Ticket and any electronic redistribution of the Mobile Ticket outside the Ticket Share function provided by Ticketcorner is expressly prohibited. In the event of loss of access to the Ticket or damage to the mobile device, the Ticket Buyer can request the Mobile Ticket again from within the Online Account or have it delivered to him/her. Ticketcorner reserves the right to limit the number of repeat deliveries. If the number of permitted deliveries has been exhausted, the Ticket Buyer must contact the Ticketcorner hotline. If the Ticket Buyer deletes the Mobile Application, he /she will be given access to the Ticket again as soon as he/she reinstalls the Mobile Application. The provision in Section 22.214.171.124 applies accordingly.
Access to the Event or Business cannot be granted unless the Mobile Ticket is presented.
2.3.4 Release of access authorisation on Ticketcards
If Ticketcards are used (Fig. 2.10) one or more access authorisations are released on a Ticketcard, rather than the Tickets being delivered.
2.4 No Onward Sale
Any trade in purchased Tickets for commercial or industrial purposes is prohibited. Failure to comply can lead to the loss of the service associated with the purchased Tickets and to claims for compensation and for return of the profit against the original Ticket Buyer and those who have bought the Tickets. Persons who do not comply with these provisions may be excluded from purchasing and returning Tickets. Ticketcorner recommends the official resale platform fansale.ch for resale via electronic platforms. Neither Ticketcorner nor the Event Organiser and/or Operator accept any liability for Tickets sold via other platforms. Tickets that have not been validly purchased do not entitle the holder to entry to the Event or Business, and neither Ticketcorner nor the Event Organiser and/or Operator accept any claims for reimbursement or liability in this respect.
2.5 Advertising and Competitions
Without the express prior consent of the Event Organiser or the Operator, the Ticket Buyer is not permitted to use Tickets, member packages and/or member Tickets in his/her advertising directed at the general public and/or for prize draws.
The prices for Tickets accessible via the Sales Channels or indicated or communicated there include VAT (if applicable).
The sales price displayed in the Web Shop and in the Mobile Application includes the ticket price of the Event Organiser and/or Operator plus any service fee, excluding any payment and shipping fees. The sales price at the advance sales offices includes the ticket price of the Event Organiser excluding processing fees of the point of sale (POS). The fees for the Sales Channel in question relating to the relevant delivery method and/or payment method are shown in the shopping basket during the ordering process or notified to the Ticket Buyer.
2.7.1 Purchase at advance sales offices
If the ticket is bought at an advance sales office, the Ticketcorner partner company, as the operator of the advance sales office, determines which payment methods are permitted.
2.7.2 Telephone or Online Order
When ordering by telephone and online, payment is made either by debiting the credit card specified during the ordering process or by debiting the credit card, PostFinance, TWINT or PayPal specified in the Online Account, or by advance payment only for Ticket Buyers who reside in Switzerland or the Principality of Liechtenstein. If payment is made in advance, payment must be made within five working days of the order date. The determining factor for compliance with the deadline is the date of the payment instruction. It is up to Ticketcorner to decide what forms of payment are permitted and whether/if Tickets which are not paid for in time should be released again for sale.
2.8 Return, Reimbursement, Transfer and Exchange
The respective Event Organiser or Operator is the contracting partner of the Ticket Buyer responsible for organising attendance of the Event or Business arranged by Ticketcorner or for the provision of the service associated with the Ticket. The decision on the possibility, conditions and processing of a return and refund or exchange of purchased Tickets for Events or Business is therefore made solely by the Event Organiser and/or the Operator, but in no case by Ticketcorner. This sole decision-making authority of the Event Organiser or the Operator also exists in the event of force majeure (cf. Section IX below).
2.8.2 Transfer of personalised Tickets to another person
The Event Organiser or Operator alone decides whether and under what conditions personalised Tickets may be transferred to another person. If transfer is allowed, only the first buyer can ever have the Tickets transferred.
2.8.3 Cancellation of an Event or closure of a Business
If an Event is cancelled without substitution (this also includes the cancellation or postponement of part of a series of Events or individual performances) or if a Business is closed in whole or in part, as a result of which no more Ticket Buyers can be admitted, the Tickets will be refunded on the instructions of the Event Organiser and/or Operator in accordance with Section 2.8.6. The cancellation of an Event or the closure of a Business is independent of the duration of the closure and the specific cause for the closure or the cancellation of the Event.
2.8.4 Special conditions if an Event is postponed or the venue is changed
If an Event Organiser decides to postpone an Event or move a venue, the Ticket is valid for the postponed date or the new venue, regardless of the reasons for the postponement. This also applies if the Event is postponed or rescheduled several times. It is up to the Event Organiser to decide whether Tickets can be returned, reimbursed or exchanged. A postponement is deemed to be any change in the date and/or location of the Event, regardless of whether the Event is held on the new date with the same content, the same artists or teams or with features and criteria that differ from the original Event.
2.8.5 Special conditions for Tickets for mountain railway services
In the case of Tickets for mountain railway services, a claim to return and refund and/or exchange may exist by way of exception in accordance with the applicable tariff and conveyance conditions of the Operator. Returns, refunds and/or exchanges will be made exclusively by the respective Operator, but in no case by Ticketcorner.
For some mountain railways, it is possible to buy what are known as selectable day ski tickets. The selectable day ski tickets can be bought in the relevant ski resort and used on any day in the ski season in which the selectable day ski ticket was bought. After the end of the ski season in the relevant ski resort, the selectable day ski tickets expire. The selectable day ski tickets will also expire should the ski season end prematurely in the relevant ski resort due to adverse weather conditions or government decree. Selectable day ski tickets cannot be returned under any circumstances, nor can the total sales price be reimbursed.
2.8.6 Processing of return and reimbursement
If the Event Organiser or Operator agrees to a return and reimbursement of the Tickets and handling of this according to this Section 2.8.6, the Tickets will be returned and reimbursed and the process handled in accordance with the following provisions. Otherwise, the Ticket Buyer must contact the Event Organiser and/or Operator directly.
The Ticket Buyer must return the Ticket for an Event to the place where it was purchased no later than 30 days after the Event date printed on the Ticket. Ticketcorner or the ticket outlets will reimburse the ticket price only if there is adequate insurance cover in place via the organiser for the reimbursement of all Tickets for the cancelled performance. Service, payment method and shipping fees paid by the Ticket Buyer, as well as any other handling fees and insurance fees for ticket sales, are non-refundable. After 30 days from the date of the Event printed on the ticket, or if Ticketcorner or the ticket outlets do not have adequate insurance cover via the organiser for the reimbursement of all Tickets for the cancelled performance, Ticket Buyers must contact the organiser directly. The Event Organiser then determines the return and reimbursement process.
If an Operator’s Business is closed, all Tickets affected by the closure of the Business within 30 days of the original valid date of the Ticket will be cancelled by Ticketcorner. The Tickets are no longer valid as of the date of closure and no longer entitle the holder to admission from the Operator. Ticketcorner will only refund the ticket price if it has adequate cover from the Operator for the refund of all Tickets for each day that the Business is closed. Service, payment method and shipping fees paid by the Ticket Buyer, as well as any other handling fees and insurance fees for ticket sales, are non-refundable. After 30 days from the valid date of the Event printed on the Ticket, or if Ticketcorner does not have adequate insurance cover via the Operator for the reimbursement of all Tickets for each day that the Business is closed, Ticket Buyers must contact the Operator directly. The Operator then determines the return and reimbursement process.
If the Event Organiser agrees to a return and refund of the Tickets and the Event has been postponed or cancelled due to force majeure (cf. Section IX below), the Ticket Buyer may be charged an expense allowance of CHF 5 or 10% of the gross ticket price for the sale and refund of the Tickets.
The Tickets must be sent by the current ticket holder to the address provided by Ticketcorner. If payment is made by credit card, TWINT, PayPal or PostFinance, Ticketcorner will credit the relevant amount to the card or account used for the ticket purchase or to the bank or postal account specified by the ticket holder within four weeks of receipt of the Tickets. If payment is made in advance, the amount will be credited to the bank or postal account specified by the ticket holder. For this, Ticketcorner requires the following information: bank/post office details (name, town), bank sort code, IBAN, account number and account holder (name, first name).
2.9 Obligations of the Ticket Buyer when attending the Event or visiting the Business
With the purchase of the Ticket, the Ticket Buyer accepts the safety, access, age and other implementation regulations of the respective Event Organiser or Operator, as well as any requirements for admission provided by the authorities (e.g. vaccination certificate, negative test result, etc.). The Ticket Buyer is responsible for compliance with these regulations and acknowledges that he/she may be excluded from the Event or Business without compensation in the event of non-compliance with these regulations. In this case, the Ticket Buyer has no right to return the Tickets. The applicable regulations are available from the respective Event Organiser or Operator.
Where Tickets have been personalised, only the person named on the Ticket will be admitted to the Event or Business. The security personnel are entitled to check this on the spot. The ticket holder must be able to produce proof of identity. If the name on the ticket is not the same as the name on the proof of identity document, or if the name on the ticket is illegible, admission may be refused without replacement and without any right to financial reimbursement.
With the purchase of Tickets for mountain railway services, the Ticket Buyer agrees to the general tariff and conveyance conditions valid at the time and the regulations for use of the relevant mountain railways and is aware that, in the event of a violation, the organiser can withhold the purchased service without compensation. The applicable tariff and conveyance conditions and the regulations for use can be obtained from the relevant operator or via the following link: https://ski.ticketcorner.ch/en/gtc-ski-resorts.
For selected Events and Businesses, Ticket Buyers have the option of waiving delivery of the Tickets when ordering and instead having the access authorisation(s) activated on their Ticketcard (Section 2.3.4). Only the Ticketcards specified by Ticketcorner and displayed in the Web Shop in question can be used as ticket media.
Ticketcards are issued by Ticketcorner or by partner companies. The contract for the purchase of the Ticketcards is concluded only upon Ticketcorner’s express acceptance of the Ticket Buyer’s order. Benefit and risk pass to the Ticket Buyer when the Ticketcards are dispatched at Ticketcorner’s registered office (Article 74(2)(2) of the Swiss Code of Obligations). When ordering a Ticketcard from a Ticketcorner partner company, the general terms and conditions of the partner company also apply.
After a Ticketcard issued by Ticketcorner or a partner company has expired, the release of access authorisations is no longer possible. However, the access authorisation for Events that have already been booked remains valid. The Ticketcard holder is obligated to use the Ticketcard carefully, exclusively for personal use and in accordance with the provisions of these GTC and, in the case of Ticketcards issued by partner companies, also in accordance with the terms and conditions of the partner company. In the event of loss of Ticketcards on which Tickets for upcoming Events are still booked, it is the responsibility of the Ticket Buyer to request a replacement from Ticketcorner or the partner company.
The purchase of mountain railway services is only possible in combination with an RFID (Radio Frequency Identification) data medium (called «RFID entry card» in the following) issued by Ticketcorner or a partner company. The Ticketcorner Skicard is an RFID entry card of this type. The Ticket Buyer undertakes to register the RFID entry card and in doing so to provide complete and truthful details (personal data) required for the purchase of mountain railway services. Any changes in this information must be notified to Ticketcorner immediately. The Ticket Buyer purchases a personal mountain railway service for the RFID entry card. Details of the purchased service and the number of the RFID entry card are provided by the Operator. The Ticket Buyer is granted access to the Business for the personal service by using the RFID entry card at the Operator’s access system. It is not possible to purchase mountain railway services without an RFID entry card approved by Ticketcorner.
Ticket Buyers can also purchase vouchers from certain Event Organisers or Operators through the Sales Channels. Ticketcorner facilitates the direct conclusion of a contract between the Ticket Buyer and the Event Organiser and/or Operator. The contract for the purchase of vouchers is concluded exclusively between the Ticket Buyer and the Event Organiser and/or Operator. The general terms and conditions of the Event Organiser and/or Operator regarding the use and validity of the vouchers apply.
Ticketcorner takes no responsibility for the matters of if, when and to what extent the Event Organiser’s or operator’s services can be purchased using a voucher. In this respect, Ticketcorner does not accept any liability or offer any guarantee. In particular, a return of vouchers or a refund of the gross ticket sales price at Ticketcorner or Ticketcorner advance sales offices due to non-compliance with the performance promised by the Event Organiser and/or Operator or due to bankruptcy of the Event Organiser and/or Operator is fully excluded. If bankruptcy proceedings are instigated against an Event Organiser and/or Operator, those who have purchased vouchers may assert their claims, if any, exclusively with the competent bankruptcy office.
Skipoints can be collected free of charge by making purchases in the Ticketcorner Ski App or ski ticket web shop. Skipoints can be redeemed for vouchers and discounts, which in turn can be used with any of the partners which are included in the Skipoints scheme at the time. The current list of partners and their respective terms and conditions can be found at ticketcorner.ch/skipoints. Partners are selected at the sole discretion of Ticketcorner. Customers are not entitled to redeem their points with any specific partner or for any specific voucher or discount.
Customers are entitled to receive one Skipoint for every Swiss franc they spend in the Ticketcorner Ski App or ski ticket web shop. As a result, customers are not entitled to receive Skipoints for purchases made using prepaid means of payment, such as vouchers. Skipoints will be added to the customer’s account automatically when a purchase is made in the Ticketcorner Ski App or ski ticket web shop. The customer’s current points balance is displayed in their account.
Ticketcorner will send a mailing once a year, at a time to be determined by Ticketcorner, containing all the latest information about the Skipoints bonus programme and a range of options for customers to redeem their points. The Skipoints collected in the respective ski season remain valid until the end of the following ski season. The cut-off date is always 31 July.
The full range of options regarding the use of vouchers and discounts can be found by consulting the respective partner’s terms and conditions at ticketcorner.ch/skipoints.
Customers are not entitled to receive compensation for any Skipoints which have not been redeemed. Ticketcorner reserves the right to change or cancel the Skipoints bonus programme at any time.
By redeeming Skipoints, customers forfeit any right of cancellation regarding the original purchase with which said Skipoints were collected.
Ticketcorner reserves the right to annul any wrongfully collected Skipoints at any time without providing compensation. Wrongfully collected points include all points credited to a customer’s account in a manner which contravenes the process described in these GTC.
III. Contact Tracing
Ticketcorner provides Event Organisers and Operators with an aid for implementing the statutory contact tracing provisions. Responsibility for adhering to the statutory requirements lies exclusively with the individual Event Organiser or Operator.
3.2 Management of contact details
The services relating to contact tracing can only be used if Users register accordingly. Users are obliged to provide full and correct information on themselves and their contact details. Users are obliged to keep this information up to date (hereinafter referred to as the «User Account») and to ensure that they can be contacted at the address provided.
IV. Other services provided by the Event Organiser and Operator
- 4.1 Services
The specific additional services provided by the Event Organisers and Operators can be obtained from the relevant websites and Mobile Applications.
- 4.2 Conclusion of contract
The option of making a reservation or registering for a waiting list is merely considered an invitation to submit an offer for the User. Users make their binding offer to the Event Organiser and/or Operator when they confirm the reservation or registration for a waiting list.
V. Responsibilities of the Ticket Buyer and the User
- The Ticket Buyer and the User have the following responsibilities:
The Ticket Buyer and the User are responsible for the Internet connection required to use Ticketcorner’s services.
If the Ticket Buyer and the User use a mobile application, they are responsible for ensuring that they use the latest version of the mobile application.
The Ticket Buyer and the User are responsible for adhering to state-of-the-art security standards.
Login details and passwords must be kept secret. The Ticket Buyer and the User are responsible for any use of the login details and passwords and for all actions taken in connection with the use of the online account and the User Account. If an unauthorised third party nevertheless gains access, or could have gained access, to the login details, including passwords, for the online account and the User Account, the Ticket Buyer and the User must inform Ticketcorner without delay.
The Ticket Buyer and the User may only use Ticketcorner’s services to the extent permitted by law.
The Ticket Buyer and the User must refrain from doing anything that hinders, or has the potential to hinder, the operation of the web shops, Mobile Applications or websites.
VI. Ticketcorner’s rights
If the Ticket Buyer and/or the User breach(es) these GTC, then Ticketcorner has the right to block the services in question and/or access to the online account and/or User Account temporarily or permanently.
Ticketcorner provides its services within the scope of its operating resources and the foreseeable requirements carefully and expertly, unless Ticketcorner is prevented in doing so by circumstances for which it is not to blame.
The Ticket Buyer and the User are aware that Ticketcorner uses the Internet/communication networks to provide its services.
In particular, because of technical faults, operating faults or faults or interruptions in communication networks and through the breakdown of IT infrastructures, the call centre lines or other parts of the infrastructure used to provide the service, there may be temporary disruptions or interruptions in the provision of services by Ticketcorner. As a result, Ticketcorner accepts no liability for the uninterrupted availability of its services, their functionality or for them being error-free.
8.1 Ticketcorner’s liability
In the event that it breaches its own contractual obligations under these GTC, Ticketcorner has unlimited liability vis-à-vis the Ticket Buyer and/or the User for direct and substantiated damage caused by Ticketcorner as a result of the latter’s unlawful intent or gross negligence.
Liability for minor negligence and for indirect damages or consequential damages is expressly excluded. The term «consequential damage» includes, in particular, lost profit, reputational damage and data loss due to temporary restrictions or interruptions affecting the availability of Ticketcorner’s services, as well as due to outages affecting distribution channels, transmission errors, to Tickets, reservations and registrations for waiting lists, as well as Ticketcorner Entry Cards, that were not delivered on time, for incorrect price or service information and for errors in booking confirmations. Any liability on the part of Ticketcorner for content on websites of Event Organisers and/or Operators other third parties that refer to Ticketcorner’s Web Shops, Mobile Applications and websites or to which Ticketcorner’s Web Shops, Mobile Applications and websites refer is also excluded. To the extent permitted by law, any liability of Ticketcorner for vicarious agents is excluded.
The risks of the abuse or loss of the Ticketcorner Live Club Membercard or a Ticketcard (Fig. 2.10) remain solely with the holder of the Ticketcard. In the event of the loss or withdrawal of the Membercard or Ticketcard, Ticketcorner accepts no liability for the access authorisations released on the Ticketcard or Membercard. In the case of technical faults and operational breakdowns that prevent the booking of Live Club offers or the use of the Membercard or Ticketcard, the member has no claim to compensation. If the Live Club membership is refused or withdrawn, no claims for compensation can be made and no requests for the reimbursement of membership fees will be accepted.
In cases involving technical faults and operational failures that make ticket purchases, check-ins or check-outs for contact tracing purposes or registrations or reservations impossible, neither the Ticket Buyer nor the User will be entitled to claim damages.
Ticketcorner cannot check the completeness, correctness and legality of the Tickets and services of the Event Organiser and/or Operator distributed by Ticketcorner in the name of and on behalf of the Event Organiser and/or Operator and is not responsible for them.
Ticketcorner is also unable to check whether the Event Organiser and/or Operator meets its performance obligations under, or in connection with, the agreement between the Event Organiser and/or Operator and the Ticket Buyer in question correctly and in full. Similarly, Ticketcorner is also unable to check whether the Event Organiser and/or Operator meets its performance obligations under, or in connection with, the agreement between the Event Organiser and/or Operator and the User in question correctly and in full.
The Event Organiser or Operator and/or the Ticket Buyer, but in no case Ticketcorner, are exclusively liable for breaches of contract such as, in particular, inadequate organisation of the Business or implementation of the Event, cancellation of Events in breach of contract, closure of the Business in breach of contract, poor quality of services and breach of the Ticket Buyer’s obligations when attending the Event or the Business. This exclusion of liability also applies to quasi-contractual and non-contractual claims arising between the Ticket Buyer and the Event Organiser and/or Operator in connection with the performance of the contract, in particular the use of Event Organiser and/or Operator services. This exclusion of liability also applies to any quasi-contractual and non-contractual claims arising from the performance of the contract concluded between the Event Organiser and/or Operator and the User.
The above exclusions and limitations of Ticketcorner’s liability do not apply in the event of the culpable death, physical injury or harm to health caused directly by Ticketcorner or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
8.2 Liability of the Ticket Buyer
The Ticket Buyer is liable to Ticketcorner without limitation for damages caused by unlawful intent or negligence. The Ticket Buyer indemnifies Ticketcorner in full against all claims by third parties that may arise from a breach of duty by the Ticket Buyer or the breach of these GTC.
The Ticket Buyer is obliged to reimburse Ticketcorner for any expenditure caused in connection with the unauthorised use or the misuse of the Ticket Buyer’s password and/or with the careless, unauthorised or abusive use of the Membercard or Ticketcard (Fig. 2.10). The Ticket Buyer of print@home Tickets and Mobile Tickets must also compensate the Event Organiser and/or Operator as well as Ticketcorner for any damages incurred in connection with the unauthorised use of additional or modified printouts, reproductions, copies or imitations.
8.3 User’s liability
The User is liable to Ticketcorner without limitation for damages caused by unlawful intent or negligence. The User will indemnify Ticketcorner in full against all third-party claims that arise from the use of Ticketcorner’s services or could arise from breaches of these GTC on the part of the User.
IX. Force majeure
If the Event or Business, due to a health crisis (e.g. epidemic or pandemic, without regard to the number of waves of spread that have already occurred) or similar force majeure (i.e. an external, unforeseeable Event that cannot be averted, or cannot be averted in time, even by exercising reasonably expected care and by technically and economically reasonable means, such as natural disasters, terrorist attacks, failure of telecommunications connections, strike, official or non-official measures, etc.), is cancelled or postponed by the Event Organiser or closed by the Operator, the contract between the Ticket Buyer and the Event Organiser and/or Operator remains valid. In this case, the Event Organiser and/or Operator will decide on the further procedure in accordance with Section 2.8 above.
X. Intellectual Property
The Web Shops, websites, the Mobile Applications and all Ticketcorner content that is available via the Web Shops, the Mobile Applications or the websites (hereinafter «Content») is protected by copyright and, unless otherwise stated, belongs wholly and exclusively to Ticketcorner. The web shops, the Mobile Applications and the websites may display information on intellectual property rights and rights of use of third parties. This information must be adhered to by both the Ticket Buyer and the User. The reproduction (either in full or in part), dissemination, transmission (electronically or using other means), modification, linking or use of the Content for public or commercial purposes is prohibited without Ticketcorner’s prior written consent.
The Ticket Buyer and the User are, in any event, prohibited from using the web shops, the Mobile Applications or the websites to develop other services and from altering, translating, reproducing or decompiling the source code or analysing its functions, unless this has to be permitted by law as a mandatory requirement.
XI. Final Provisions
The place of fulfilment for the services provided by Ticketcorner including the delivery of Tickets is the registered office of Ticketcorner.
The Ticket Buyer waives the right to offset claims against Ticketcorner.
Ticketcorner reserves the right to amend these GTC at any time. Any changes will be made accessible on Ticketcorner’s website and/or in the Mobile Applications and will come into force at the time of posting.
If one or more provisions of these GTC are or become ineffective or unenforceable, either in full or in part, this will not affect the effectiveness or enforceability of the remaining provisions of these GTC, the purchase of the ticket or the use of the contact tracing and/or other services.
In such case, the parties will replace the invalid or unfeasible provision by a provision that is valid and feasible and that comes as close as possible to the commercial purpose of the provision to be replaced. The same applies correspondingly in the event that there is an omission in these GTC.
Swiss law applies exclusively to these GTC and any disputes arising under, or in connection with, the relationship between Ticketcorner and the Ticket Buyer, or between Ticketcorner and the User, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for any disputes between Ticketcorner and the Ticket Buyer, or between Ticketcorner and the User, is the registered office of Ticketcorner. Ticketcorner is, however, entitled to bring action in the place where the Ticketcorner or the User is domiciled.
Rümlang, August 2021