Terms of Conditions
General Terms and Conditions for End Customers of the Organiser
Last updated: 27 May 2026
1. General Provisions
1.1
These General Terms and Conditions (“GTC”) form part of the contract between OFC 1901 Event GmbH, Waldemar-Klein-Platz 1, 63071 Offenbach am Main (“Organiser”) and the purchaser (“End Customer”) of admission, participation, entry or attendance rights, reservations and vouchers relating thereto, or similar or associated rights (“Tickets”), or other offers, products and services (e.g. merchandise) (together, “Offers”), which the Organiser distributes via services operated by Höme.
For the purposes of these GTC, End Customers also include persons who have not purchased Tickets or other Offers directly from the Organiser but are nevertheless entitled to attend an Event, for example through a secondary purchase, where permitted.
1.2
All communications to the Organiser must be addressed to:
OFC 1901 Event GmbH
Waldemar-Klein-Platz 1
63071 Offenbach am Main
Germany
1.3
Höme – Für Festivals GmbH, c/o Bildau & Bussmann GmbH, Gerichtstrasse 23, 13347 Berlin, Germany (“Höme”), provides software and other services (“Höme Services”) that enable providers and operators of artistic, cultural, sporting or other performances, theatre productions, concerts, meetings, seminars, leisure and other facilities, museums, venues, film screenings, operas, readings, trade fairs, conferences, continuing education and training events, courses and other events and activities, regardless of whether they are physical or virtual in nature (“Event”), to distribute Tickets and other Offers and to process related transactions with End Customers.
Höme provides a technology platform for the Organiser. Höme is not a ticket broker and is not the organiser of an Event.
Where Höme appears to the End Customer in connection with the ordering process for Tickets and/or Offers, it does so solely as the Organiser’s representative and in the Organiser’s name.
2. Conclusion of Contract with the Organiser; Ticket Processing by Höme
2.1
Upon successful completion of a purchase process for Tickets or other Offers, a contract is concluded exclusively between the Organiser and the End Customer.
The Organiser is supported by Höme in processing orders and payments. The ticket distribution system, the Tickets themselves or other Offers may therefore carry references such as “powered by Höme” and/or be offered via services operated by Höme, such as “infield”, on behalf of the Organiser.
No purchase, service or other contract relating to the acquisition of Tickets, the Event or related services is concluded between the End Customer and Höme.
2.2
The End Customer has no entitlement to the conclusion of a contract with the Organiser.
The End Customer acknowledges that the Organiser may make the conclusion of a contract subject to the End Customer accepting additional terms and conditions, privacy policies, cancellation notices and other contractual provisions, as well as further restrictions, such as a maximum number of Tickets per Event.
The Organiser and Höme, acting on behalf of and as representative of the Organiser, are entitled to refuse or reject the completion of purchase transactions with an End Customer without stating reasons.
2.3
The End Customer acknowledges that the total purchase price of a transaction is determined and, where applicable, amended solely by the Organiser and may exceed the Ticket price displayed on a Ticket or in the ticket shop.
The total purchase price consists of the stated Ticket price plus any applicable fees and taxes.
The total purchase price payable by the End Customer will be communicated before completion of the ordering process.
Payment of the total purchase price can only be made using the payment methods made available by Höme on behalf of and as representative of the Organiser.
2.4
The contract between the Organiser and the End Customer is concluded only upon corresponding confirmation to the End Customer by Höme, acting on behalf of and as representative of the Organiser, for example by sending a transaction confirmation or by allocating and subsequently sending a Ticket with a corresponding Ticket ID.
Merely completing the ordering process does not constitute conclusion of a contract and does not entitle the End Customer to attend an Event.
2.5
If, due to technical problems, Ticket quotas are exceeded, whether the total capacity of the Event or quotas for individual Ticket categories, the Organiser or Höme, acting on behalf of and as representative of the Organiser, will inform the End Customer accordingly.
The Organiser or Höme may cancel the affected Tickets and refund the corresponding total purchase price.
3. Form of Tickets
3.1
Unless otherwise communicated by the Organiser or Höme, acting on behalf of and as representative of the Organiser, the End Customer will receive an automatic order confirmation email from Höme and a further email containing a link to the Tickets purchased for the relevant Event.
The format in which Tickets are provided depends on the admission and access procedures used by the Organiser for the relevant Event and will be communicated to the End Customer, for example download and print, digital wallet, infield App Wallet, etc.
In order to attend an Event, the Ticket must be presented in the communicated format.
Presenting the order confirmation email alone, without presenting the Ticket in the required format, does not entitle the End Customer to attend an Event.
3.2
Where provided for by the Organiser, the End Customer may order printed and dispatched Tickets for an additional fee (“Hard Tickets”).
3.3
Upon receipt or delivery of a Ticket, the End Customer is required to check its accuracy with regard to quantity, price, date, Event, Event location and other essential characteristics.
Any complaint concerning an incorrect Ticket must be submitted to the Organiser or Höme, acting on behalf of and as representative of the Organiser, without undue delay and no later than five working days after delivery or receipt of the Ticket.
3.4
Ownership of Tickets and/or rights arising from them passes to the End Customer only once the total purchase price and all outstanding claims have been paid in full.
3.5
During the purchasing process, the End Customer must provide truthful, complete and accurate information.
The Organiser or Höme, acting on behalf of and as representative of the Organiser, is entitled to verify information provided by the End Customer using appropriate measures, for example by obtaining a credit report.
4. Payment via the Payment Service Provider “STRIPE”
4.1
Payments by the End Customer are processed exclusively through the external payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“STRIPE”) and its STRIPE Checkout payment system, available at https://stripe.com/de/legal/consumer, and are subject to STRIPE’s privacy policy, available at www.stripe.com/de/privacy.
The End Customer may choose between various payment methods, including credit cards such as Visa, Mastercard, American Express, Discover, Diners Club and China UnionPay, as well as Apple Pay, Google Pay, PayPal, Giropay and others.
The right to amend, add or discontinue individual payment methods is expressly reserved.
4.2
Where the “PayPal” payment service is offered, payments are processed through PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. PayPal may also make use of third-party payment service providers for this purpose.
4.3
Where payment by credit card via STRIPE is selected, the invoice amount becomes due immediately upon conclusion of the contract.
Stripe reserves the right to conduct a credit assessment and to reject this payment method in the event of a negative credit assessment.
4.4
Payments are subject to the general terms and conditions of the respective payment service provider, which is the sole recipient of the payment.
Neither the Organiser nor Höme receives payments directly from the End Customer.
5. Rights and Obligations
5.1
All information relevant to an Event or another Offer of the Organiser, including scope and content, location, time, organiser, price, fees and taxes, participation requirements and restrictions, access controls and restrictions, format of Tickets to be presented, accessibility, seating plans, house rules and other rules of conduct applicable at the respective venue, as well as other restrictions or material information that could reasonably influence the purchasing decision of an End Customer, will be communicated by the Organiser or Höme, acting on behalf of and as representative of the Organiser.
5.2
The End Customer acknowledges such information and provisions, which accordingly form part of the contract between the Organiser and the End Customer.
5.3
It is the sole responsibility of the End Customer to determine whether they are able and willing to satisfy the requirements, conditions, provisions and regulations necessary for participation.
Where these requirements are not met or observed, the Organiser may refuse or terminate the End Customer’s participation in or attendance at an Event.
5.4
Where there is suspicion of misuse or a breach of statutory provisions, these GTC or other rules or requirements of the Organiser, including fraudulent, illegal or bad-faith activities, or attempts to circumvent such provisions, the Organiser or Höme, acting on behalf of and as representative of the Organiser, may revoke the validity of a Ticket without compensation before or during an Event and refuse the End Customer the right to attend or remove the End Customer from the Event.
5.5
Damage to, loss of or attachment of Tickets must be reported immediately by the End Customer to the Organiser and Höme.
If the End Customer loses a Hard Ticket, or if it otherwise goes missing within the End Customer’s area of responsibility, neither the Organiser nor Höme is obliged to provide a replacement.
5.6
Unless otherwise agreed, a Ticket is valid only for the respective Event, particularly in terms of location and time, and, where applicable, only for the assigned seat or seating unit or corresponding Ticket category.
After the Event has taken place, the Ticket ceases to be valid.
5.7
The End Customer acknowledges that the Organiser alone is responsible for Events and other Offers of the Organiser offered and processed through Höme Services, including their content, quality, scheduling, organisation, amendment, interruption, cancellation or postponement, as well as corresponding communications, publications and information.
Höme assumes no responsibility whatsoever in this respect.
Höme has no obligation to instruct, inspect or supervise the Organiser regarding its obligations towards End Customers.
Höme is also under no obligation to review publications and information provided by the Organiser for timeliness, legality, accuracy or completeness.
This also applies where employees of Höme act on behalf of and as representatives of the Organiser or where the Organiser uses contractual documents and templates provided by Höme.
5.8
The End Customer further acknowledges that Höme does not guarantee uninterrupted availability or usability of the Höme Services.
Höme assumes no liability for delays or errors in transmission, storage failures or associated restrictions to the Höme Services.
Temporary interruptions to the website and/or individual Höme Services may occur in connection with maintenance work.
6. Transfer and Resale of Tickets
6.1
Tickets may only be resold at a maximum price equal to the Ticket price stated on the Ticket.
Commercial transfer of Tickets, for example as part of a competition or for advertising purposes, is prohibited without the prior written consent of the Organiser or Höme, acting on behalf of and as representative of the Organiser.
The Organiser must be contacted in order to change the personalised details of personalised Tickets. A processing fee may apply.
Höme may cooperate with partner platforms for the resale of Tickets; the respective provider’s terms and conditions shall apply.
6.2
Where Tickets are resold through the resale function provided on this website, the following conditions shall apply:
6.2.1
The resale function is available only for Tickets properly purchased from the Organiser via the Höme Services (“Secondary Market”).
The Organiser reserves the right to restrict or exclude the resale function for individual Events, Ticket types or categories or at certain times, in particular as a result of contractual requirements imposed by partners, such as artists or venues, or regulatory requirements.
There is no entitlement to cancellation or resale of Tickets.
6.2.2
By listing a Ticket on the Secondary Market, the selling End Customer (“Original Purchaser”) makes a binding declaration that, as soon as another End Customer (“Secondary Purchaser”) purchases the Ticket, they will return or sell the Ticket to the Organiser at the original Ticket price (face value) or at the price determined in accordance with Clause 6.2.3 (“Secondary Market Price”).
6.2.3
In the event of a successful resale, the Organiser transfers the Ticket to the Secondary Purchaser.
The Ticket originally issued to the Original Purchaser is cancelled or invalidated, while a new Ticket is issued to the Secondary Purchaser.
The Organiser may specify fixed prices or a price range for the resale of Tickets.
Additional fees may be charged for resale.
6.2.4
The Organiser reserves the right to determine the order in which Tickets offered directly by the Organiser and Tickets offered via the resale function (“Secondary Market Tickets”) are sold.
In particular, remaining Tickets offered directly by the Organiser may be sold before Secondary Market Tickets are offered for sale.
Where several Secondary Market Tickets are available for the same area or category, for example standing areas, the Secondary Market Tickets made available for sale will be selected according to a non-discriminatory factor determined by the Organiser, which may include the time at which the Ticket was listed on the Secondary Market.
6.2.5
The customer will be informed by email of the status of a Ticket offered for resale.
In particular, after successfully listing a Ticket on the Secondary Market, the Original Purchaser will receive confirmation by email.
The Original Purchaser may remove the Ticket from the Secondary Market at any time until the Ticket has been placed in the shopping cart of a Secondary Purchaser.
If a Ticket offered for resale is not sold, for example because the Event has already taken place or the listing is cancelled, the Original Purchaser will receive corresponding notification.
6.2.6
Following successful resale, the Organiser will pay the Original Purchaser the Secondary Market Price plus any applicable fees.
Payment will be made using the agreed payment method.
6.2.7
A Ticket purchased via the resale function may subsequently be offered for resale again by the Secondary Purchaser via the resale function in accordance with this Clause 6.
The same requirements and conditions apply as for the Original Purchaser.
6.3
In the event of a breach, the Organiser or Höme, acting on behalf of and as representative of the Organiser, may demand payment of a contractual penalty of EUR 500 per Ticket from the End Customer and may refuse access to the Event for the relevant Tickets without compensation.
Further claims for damages remain unaffected.
7. Withdrawal, Other Cancellation, Refunds, Returns and Exchanges
7.1
No Material Change to the Event
Unless another provision of this Clause 7 applies, there is no right of withdrawal, return, cancellation or exchange in relation to Events.
Accordingly, every purchase of Tickets becomes binding immediately upon completion of the purchase process and cannot be reversed, except where a Ticket refund is available in accordance with this Clause 7.
7.2
Material Changes, Postponement or Cancellation of the Event
In the event of a material change, postponement or cancellation of an Event due to circumstances for which the Organiser is not responsible, the Organiser is entitled to declare the Ticket valid for another Event.
In such cases, returning the Ticket, obtaining a refund of the total costs or reversing the Ticket purchase is not possible unless attendance at the alternative Event can demonstrably not reasonably be expected of the End Customer.
7.3
Other Cases
In all other cases involving a material change, postponement or cancellation of an Event, the End Customer is entitled to return the Tickets and receive a refund of the Ticket price, less any applicable costs of reversing the transaction.
7.4
“Material Change”
For the purposes of this Clause, a change is considered material where the modified Event differs fundamentally from the Event that the Ticket purchaser could reasonably have expected.
8. Liability
8.1
Except in cases involving a breach of material contractual obligations, injury to life, body or health, or liability under the German Product Liability Act, the Organiser is liable only in cases of intent and gross negligence.
Liability for a slightly negligent breach of material contractual obligations is limited in amount to the transaction value associated with the transaction giving rise to liability.
As a general rule, the Organiser accepts no liability for damage attributable to force majeure or breaches of duty by third parties.
8.2
Where the Organiser’s liability is excluded or limited, such exclusion or limitation of liability shall apply accordingly to any personal liability of the Organiser’s legal representatives, vicarious agents, assistants and representatives acting towards the End Customer on behalf of the Organiser.
8.3
Where Höme acts towards the End Customer on behalf of the Organiser as its representative or vicarious agent, or otherwise appears towards the End Customer, the following shall apply:
Except in cases involving a breach of material contractual obligations, injury to life, body or health, or liability under the German Product Liability Act, Höme is liable only in cases of intent and gross negligence.
Liability for a slightly negligent breach of material contractual obligations is limited in amount to the transaction value associated with the transaction giving rise to liability.
As a general rule, Höme assumes no liability for damage attributable to force majeure or breaches of duty by third parties.
8.4
Where Höme’s liability is excluded or limited, such exclusion or limitation of liability shall apply accordingly to any personal liability of Höme’s legal representatives, vicarious agents, assistants and representatives acting towards the End Customer on behalf of Höme.
In particular, Höme is not liable for damage arising from the failure, cancellation, amendment, relocation or defects of an Event, the insolvency of the Organiser, the loss, late arrival or incorrect delivery of Hard Tickets, or restrictions affecting the Höme Services.
9. Final Provisions
9.1
These GTC shall prevail over any conflicting provisions in the contractual relationship between the Organiser and the End Customer.
9.2
The laws of the Federal Republic of Germany shall apply, excluding the provisions of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Statutory provisions restricting the choice of law and governing the applicability of mandatory provisions remain unaffected.
9.3
Where the End Customer is not a consumer, the exclusive place of jurisdiction for all disputes shall be:
(i) for disputes between the End Customer and the Organiser, the registered office of the Organiser; and
(ii) for disputes between the End Customer and Höme, the applicable place of jurisdiction for Höme.
9.4
The End Customer is considered a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to their commercial or self-employed professional activity.
Any natural or legal person or partnership with legal capacity acting in the course of their commercial or self-employed professional activity when concluding the contract shall be regarded as an entrepreneur.
The End Customer shall not be considered a consumer when purchasing services relating to leisure activities where the contract provides for a specific date or period for performance within the meaning of Section 312g(2)(9) of the German Civil Code (BGB).
9.5
The following applies to End Customers whose registered office, residence or habitual place of residence is within the European Union:
The End Customer represents that they have full legal capacity or the necessary authority to enter into this contract.
The European Commission provides an online dispute resolution platform (“ODR Platform”) at https://ec.europa.eu/consumers/odr.
The Organiser and Höme are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9.6
Should any of the above provisions be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions.
The same applies where and insofar as a contractual gap becomes apparent.
The invalid or unenforceable provision, or the contractual gap, shall be replaced by an appropriate provision which, insofar as legally possible, most closely reflects what the Organiser and the End Customer would have intended economically had they considered the matter.
10. Additional Provisions of the Organiser
The following additional provisions of the Organiser shall apply: