General Ticket Terms and Conditions (“GTTC”) of Bayer 04 Leverkusen Fussball GmbH
(Valid for the event period from 01 July 2022)
1. Field of application of the GTTC
1.1 Area of application: These GTTC shall apply to the legal relationship established by the purchase and/or use of a day ticket and/or season tickets and/or second-leg season tickets and/or other admission tickets such as Special Tickets (hereinafter jointly called “ticket” or “tickets”) of Bayer 04 Leverkusen Fussball GmbH, Bismarckstr. 122-124, 51373 Leverkusen (“Bayer 04”) or from third parties authorized by Bayer 04 (“authorized points of sale”), particularly for the attendance of events (e.g. soccer games) which are at least jointly organized by Bayer 04 (“events”), as well as for admission to and stay at the BayArena, to the extent that no other general terms and conditions (“GTC”) apply to the respective event complementary or alternatively.
1.2 Tickets for away games: Correspondingly, these GTTC also apply to the legal relationship that is established with the purchase and/or use of tickets which grant access to stadiums for away games of Bayer 04 (“tickets for away games”) if the tickets for away games are purchased from Bayer 04 or authorized points of sale. No later than with the attendance at away games, further regulations or GTC may apply, particularly the rules of the stadium or GTC of the respective home club. In the event that these GTTC are in contradiction to these regulations of the respective home club, these GTTC take precedence in the relationship between the customer and Bayer 04.
1.3 Guest tickets: These GTTC shall also apply mutatis mutandis to the legal relationship established by the purchase of tickets via the guest-club and/or the use of these tickets on admission to a match of the guest-club in the BayArena. In case of conflict between these GTTC and any regulations of the respective guest-club, these GTTC shall prevail in the relationship between the customer and Bayer 04.
2. Ticket ordering, conclusion of contract, and subject of agreement
2.1 Purchase channels: Categorically tickets for the events of Bayer 04 must be directly purchased from Bayer 04 or from authorized points of sale (incl. guest-club). Whether a point of sale is autho- rized by Bayer 04 can be inquired at Bayer 04 at their contact address that is to be found under Article 15 (“contact address”). In case additional provisions to these ATGB apply to the purchase of tickets at authorized points of sale, these GTTC shall prevail in the relationship between the customer and Bayer 04.
2.2 Online ordering: In case of online ordering, the customer submits a binding offer for conclusion of contract with Bayer 04 by triggering the order of a ticket with the online command provided for such purpose at the internet presence of Bayer 04 (http://www.bayer04.de) Bayer 04 shall confirm the receipt of the customer’s contract offer online. This confirmation shall not yet constitute acceptance of the offer of the customer but shall be subject to the availability of the tickets ordered and the allowance of special circumstances (e.g. safety aspects). Only with the shipping (incl. elec- tronic ticket or print@home-ticket) or deposit of the ticket (Article 6.2), the contract bet- ween Bayer 04 and the customer on the basis of these GTTC shall be concluded. This clause applies accordingly to orders of tickets on the official secondary market platform of Bayer 04 (available at https://www.bayer04.de/de-de/shop/tickets)
2.3 Other orders: In case of orders via the authorized reservations offices, the office or service-center of Bayer 04, or the ticket hotline the conclusion of contract shall be effected on the basis of these GTTC at the time of shipping (incl. electronic shipping or print@home-ticket, the surrender or deposit of the ticket (Article 6.2).
2.4 Special provisions: Bayer 04 reserves the right, at its own discretion, to restrict the number of tickets available for sale within the framework of an event and for the individual customer and to grant or deny ticket price reduction and/or preferential terms („special conditions“).These special condi- tions are binding for the customer.
2.5 Allocation of other tickets: Provided that the customer has given his consent within the frame- work of the order, Bayer 04, in the event of a sellout of the requested category and instead of non- acceptance of the offer, shall have the right to allocate to the customer tickets of the next lower cate- gory and/or to limit the number of tickets.
2.6 Right of attendance: Bayer 04, as the issuer of the tickets, does not wish to grant access to matches in the BayArena to every ticket holder, but only to those ticket holders who have purchased tickets as customers from Bayer 04 or an authorized point of sale or within the scope of an admissable transfer in accordance with Article 9.3 and, if applicable, fulfil further applicable access requirements (e.g. according to clause 10.5). Bayer 04 will therefore grant the right of attendance exclusively to tho- se customers or ticket holders, which purchased the tickets directly from Bayer 04 or any authorized point of sale and being identifiable by individualization criteria printed on the ticket (e.g. name, bar-/ QR-code) and/or to a secondary ticket buyer who has purchased tickets admissibly in accordance with Article 9.3 and, if applicable, fulfil the further applicable access requirements (e.g. according to clause 10.5) (“right of attendance”). To prove his identity, the customer or the respective ticket holder shall provide a valid identification card or an official proof of residence suitable for identification in each case and present it at the request of Bayer 04 and/or the security personnel. Tickets that are offered for sale on sales platforms not authorized by Bayer 04 or by other third parties do not convey the right to visit in accordance with this Article 2.6 and may trigger legal consequences in accordance with Article 9.5and 10.4. Bayer 04 shall fulfill its obligations with regard to the customer’s or the respective ticket holder’s right of attendance by granting onetime access to the event(s).Bayer 04 shall be released from its obli- gation with regard to the customer if the ticket holder has not acquired an effective right of attendance in accordance with this clause. At request of Bayer 04 the ticket holder shall be obliged - taking into account the respective data protection rules and regulations - to specify how and at what price he/ she purchased the respective tickets; this may also include providing the name of the respective ticket seller, if applicable.
3. Season ticket
3.1 Season ticket: A season ticket, in particular type “Bundesliga” and type “BundesligaPLUS” (incl. DFB-Pokal) and/or second-leg season ticket or other variations of a season ticket offered by Bayer 04 (jointly called “season ticket” or “season tickets”) entitle the customer to attend those events of Bayer 04 at the BayArena for which he has acquired a right of attendance. Depending on the season ticket purchased, possible privileges might be connected to the season ticket. Details can be found in the specification of services at the ordering of the season ticket or on the website of Bayer 04 at https://www.bayer04.de/de-de/shop/tickets Each season ticket has subject to the provisions of Clauses 3.3 and 3.4 a duration of one season (1st July of one year to 30th June of the following year or on account of a postponement of the respective season, any deviating dates announced by Bayer 04 in text form). Apart from this, a second leg season ticket has subject to the provisions of Clauses 3.3 and 3.4 a validity period of one (seasonal) second leg (01st of January to 30th of June of a year or on account of a postponement of the respective season, any deviating dates announced by Bayer 04) and is issu- ed in a personalized form, irrespective of the time of purchase. The validity of the second-leg season ticket also includes matches of the first-leg taking place after 1st of January of a year or matches of the second-leg taking place before the 1st of January of a year. The amount of the ticket price, the reduction authorization as well as the respective effective date shall depend on the Bayer 04 price list valid at the time of ordering, which can be downloaded at https://www.bayer04.de/de-de/shop/tickets (“price list”). Season Ticket customers are not entitled for a specific seat. This also applies if the customer was already a season ticket holder in the previous season.
3.2 Overcrowding: If, for good cause, for example due to protection and hygiene measures prescribed by the association, the authorities or the law, or due to a (partial) exclusion of spectators, certain require- ments have to be met by Bayer 04 in connection with the stadium opening, the customer may not actu- ally be able to attend every event for wich he has acquired a visitation right in accordance to his season ticket. In case of Overcrowding resulting from this, the customer acknowledges that Bayer 04 is entitled to determine the selection of eligible customers or the allocation of tickets by means of transparent, non-discriminatory procedure or to cancel individual visiting rights purchased in accordance with a season ticket. In case of cancellation of individual events and the associated visiting rights by Bayer 04 in the case of overcrowding, the affected customers will be refund the price paid for the season ticket pro rata, in case of advance payment or the corresponding price will not be charged, if the payment for the cancelled event was not yet made. Bayer 04 is not liable to the customer and/or ticket holder for futile expenses (for example futile travel and accommodation costs).
3.3 Subscription: The purchase of a season ticket always takes place in the form of a continuing obli- gation (“subscription”). At the beginning of a season, a new season ticket shall be mailed or activated to the customer, unless the customer or Bayer 04 issues an effective notice of termination beforehand.
3.4 Extension and Termination: The initial term of the subscription ends in accordance with Article 3.1 on 30.06. of the respective season in which the corresponding purchase was made (“Initial Term”). During the Initial Term, a premature ordinary termination of the season ticket by the customer is generally excluded. The subscription is then extended indefinitely upon sending the season ticket for the following season if the customer or Bayer 04 does not cancel the subscription by 31.05. of the corresponding year with effect from the end of the Initial Term. After renewal of the subscription for an indefinite period, both the customer and Bayer 04 have a right of termination at any time with a notice period of one (1) month. Terminations can be made within the specified deadline in the case of online contracts being concluded in the Bayer 04 online ticket shop under https://www.bayer04.de/de-de/shop/tickets in text form (e-mail sufficient), or by post to the contact address. Decisive for keeping the notice period is the receipt by the other party.
3.5 Termination for cause: Regardless of the regulations of Article 3.4, each party shall have the right to terminate for cause the subscription in case of online contracts concluded in the Bayer 04 online ticket shop under https://www.bayer04.de/de-de/shop/tickets in text form (email sufficient) or by post to the contact address. An exceptional reason for Bayer 04 is constituted particularly according to Article 314 I BGB (German Civil Code) if Bayer 04 has the right in accordance with Articles 9.5, 10.10 and/or 10.11 to impose one of the legal consequences described in the Articles indicated as well as if the customer demonstrably repeatedly does not use the season ticket, i.e. attends less than one third (1/3) of the events taking place during a season or second round. In this context, Bayer 04 also has the right to terminate other continuing obligations for cause, if these are affected by the reason for termination (e.g. a customer has several season tickets or is a member of the Bayer 04 Club).
3.6 Reseating: The holder of a season ticket may request the allocation of a new seat in the BayArena (“reseating”). Reseating does not constitute a termination of the subscription. The customer shall not be entitled to reseating; it is a gesture of goodwill by Bayer 04 and is subject to available seat ca- pacities and organizational circumstances. Reseating shall only be possible between seasons, during the current season it is basically excluded both in the first term and in the following seasons. Reseating requests for the new season can be taken into account by Bayer 04 if they are submitted at the online ticket shop (https://www.bayer04.de/de-de/shop/tickets) over the phone, or personally to the contact address during the period after the end of the season - as communicated by Bayer 04 - in which adjustments to existing season ticket allocations and ownerships can be made (“adjustment phase”). For the reseating, Bayer 04 may charge a processing fee in accordance with the price list.
3.7 Assignment: For the transfer of a season ticket, the provisions of Article 9 shall apply accordingly. In addition, the holder of a season ticket can request the permanent assignment to another person (“assignment”). An assignment shall not constitute a cancellation of the subscription but a transfer of the existing contractual relationship with any and all rights and obligations to the new customer. The assigning customer shall remain obligated to Bayer 04 until the new customer has complete- ly assumed the legal relationship with any and all rights and obligations. The customer shall not be entitled to an assignment; it shall at all times be a gesture of goodwill by Bayer 04. The assignment shall only be possible between two seasons, during the current season it is generally excluded both in the first term and in the following seasons.The assignment request can only be submitted during the adjustment phase and exclusively with the form provided for such purpose which must be si- gned by the transferring and the new customer and mailed to Bayer 04. The form is available under (https://www.bayer04.de/de-de/shop/tickets) or can be collected at Bayer 04 at the contact address. There shall be no (partial) refund of the purchase price to the transferring customer. For the assign- ment, Bayer 04 may charge a processing fee in accordance with the price list.
3.8 Special models: Bayer 04 may, at its own discretion, temporarily offer special season ticket mo- dels. The offer of special season ticket models is always associated with a specific occasion or purpose, which is specified by Bayer 04 in each case, which is why special regulations deviating from regulations for other season tickets or tickets may apply in this regard.
4. Reduced-price tickets
4.1 Reduction authorization: Bayer 04 may grant a reduction for the purchase of day tickets and/ or season tickets; the respective entitlement with regard to the reduction is set out in the price list. Double reductions shall not be granted. In each case, the date of the event for which a ticket is purchased shall be decisive for the respective reduction.
4.2 Reduction verification: The current reduction verification, which shall be valid at the date of the respective event, shall be presented, when the ticket is purchased and also carried and presented upon request by the security personnel when entering BayArena at the respective event. If said verifi- cation is not carried or is invalid at the respective home game, access to the BayArena can be denied. The rejected customer shall have no claim for damages.
4.3 Children’s tickets: Tickets for children up to and including the age of thirteen (13) shall only be purchased in connection with at least one ticket for an adult. Children up to and including the age of thirteen (13) shall only be allowed access to the BayArena if accompanied by a supervising adult with a valid ticket. In case Bayer 04 allocates tickets for children up to and including the age of three (3) in the form of a lap ticket, such lap ticket shall not entitle to an own seat
4.4 Transfer and Upgrading:For the transfer of reduced tickets, the provisions in Article 9 shall apply with the additional stipulation that a transfer shall only be possible if the new ticket holder also fulfills the respective reduction requirements, unless the new ticket holder pays the difference between the reduced ticket and a respective day ticket on the respective game day prior to entering the BayArena (“upgrading”). For the upgrading, Bayer 04 may charge a processing fee and, if applicable, shipping fee in accordance with the price list. In case a customer‘s entitlement to a reduction ceases during the term of a subscription (e.g. exmatriculation), an respective upgrading shall be made from the time the entitlement to a reduction ceases for each match day. If the discount entitlement only occurs during the term of a subscription (e.g. retirement after 31.07.), a reduced season ticket can already be purchased at the beginning of the season; in this case, an upgrade must be made for all events until Convenience Translation the actual admission of the discount entitlement. An upgrading with regard to the entire subscription shall only be possible during the adjustment phase.
4.5 Special Tickets: Bayer 04 may, at its own discretion, issue tickets directly or through authorized points of sale of Bayer 04 without any corresponding charges or fees (“Special Tickets”). The issuance of Special Tickets shall always be associated with a specific purpose, which shall respectively be specified by Bayer 04. Therefore, special regulations deviating from those for other tickets may apply.
5. Payment terms
5.1 Prices: The amount of the ticket price depends on the price list. Ticket orders shall only be processed on advance payment and with the accepted payment methods (e.g. SEPA direct debit system, bank transfer, EC card, credit card, cash payment). In addition to the ticket price, Bayer 04, in case of ticket shipping, may charge to the purchaser’s account shipping costs and/or an appropriate service fee for services that are in the best interest of the costumer (e.g. advance booking fee).
5.2 Cancelation: If the payment is not successfully executed for reasons attributable to the customer (e.g. insufficient credit card or account funds, chargeback), Bayer 04 shall have the right to cancel or electronically block the respective tickets; the respective tickets shall lose their validity. Incurred addi- tional cost shall be borne by the customer. Bayer 04 shall reserve the right to assert further claims for damages.
5.3 SEPA direct debit mandate: If the customer grants Bayer 04 a SEPA direct debit mandate, the direct debit shall be withdrawn after billing, and the customer shall be notified no later than one business day prior to such withdrawal. The customer shall ensure that the account is sufficiently covered. Costs incurred due to non-payment or chargeback of the direct debit shall be borne by the customer, provided that such non-payment or chargeback was not caused by Bayer 04.
6. Shipping and deposit
6.1 Shipping: The tickets are shipped at the customer’s expense. Bayer 04 shall select the shipper and provides the customer with the customer‘s shipping data for the fulfilment of the contract in accor- dance with Art. 6 para. 1 sentence 1 b) of the EU General Data Protection Regulation (“GDPR”). The risk of loss of or damage to the tickets during shipment shall be borne by Bayer 04. Tickets shall be deliver- ed to the Customer regularly within seven (7) working days of confirmation of shipping (cf. Articles 2.2 and 2.3). If the customer has not received any tickets by this time, any loss must be reported imme- diately to Bayer 04 at the contact address. Tickets lost during shipping will be reissued by Bayer 04 in accordance with Article 7.3. In the case of electronic dispatch of a ticket, no shipping fees will be charged.
6.2 Deposit: If, in case of a short-term order and note through Bayer 04, a timely delivery of the tickets can no longer be ensured, the tickets can be reserved for pickup by the customer at the service points established for such purpose at the BayArena is possible in individual cases at the discretion of Bayer 04 for collection. Collection of the tickets shall only be possible by the customer or a third party, who has been authorized by the customer in writing, and upon presentation ofa suitable official iden- tification document (identity card, passport, etc.).. Bayer 04 shall have the right to request an appro- priate deposit fee for the deposit of the ticket. The risk of loss of or damage to the ticket prior to colle- ction shall be borne by the customer, provided that there is no gross negligence or intent on the part of Bayer 04 or the third party commissioned by Bayer 04.
7. Reissuance in case of complaint, defect, loss
7.1 Complaint: The customer is obliged to check both order confirmations and the tickets imme- diately and conscientiously after their receipt for correctness, in particular with regard to number, price, date, event and venue. A complaint about tickets and/or ticket orders which noticeably exhibit a defect must be submitted immediately, i.e. without culpable delay, as a rule within five (5) workdays after receipt of the dispatch confirmation from Bayer 04 (cf. Article 2.2) or after receipt of the ticket, but no later than seven (7) workdays prior to the respective event in text form (email sufficient) fax or by mail to the contact address. In case of tickets and/or ticket orders made within the last seven (7) workdays prior to the respective event and/or in case of other orders pursuant to Article 2.3, in which the ticket is handed over,and/or in case of deposited tickets pursuant to Article 6.2, the complaint must be made immediately, furthermore the previous regulation applies accordingly. Defects in accordance with this Article 7.1 are particularly inadmissible deviations from the order with regard to number, price, date, event, and venue, incorrect print image, missing essential information, such as event or seat number for tickets in paper form and/or visible damage or destruction of the ticket. The postmark or the transmission protocol of the fax or email shall be decisive for the adherence to the complaint period. In case of a justified and timely complaint, Bayer 04 shall issue a new ticket to the customer for the surrender or destruction of the ticket in dispute. The provisions on complaints expressly do not apply to tickets lost during shipment in accordance with Section 7.3 or to tickets not ordered and to cases in which the reason for the complaint can be proven to be the fault of Bayer 04.
7.2 Defect: In case of a technical defect of a ticket or problems with regard to the electronic access control, Bayer 04 will, subject to proven legitimation of the customer, issue a new ticket to the customer while blocking the old ticket or activate the old ticket accordingly. For the issuance, Bayer 04 shall have the right to charge a service fee in accordance with the price list, unless Bayer 04 or third parties com- missioned by Bayer 04 are verifiably responsible for the defect.
7.3 Loss: Bayer 04 must be informed immediately about the loss, i.e. any involuntary loss, of tickets purchased from Bayer 04. Bayer 04 shall have the right to block such tickets immediately after no- tification of their loss. In case of a loss of a ticket, the ticket will be reissued after notification of the loss, blocking of the ticket and legitimization verification. Service fees may be charged for the reissue in accordance with the price list, unless Bayer 04 or third parties commissioned by Bayer 04 are demons- trably responsible for the defect. In case of abusive notifications of a loss, Bayer 04 may file a criminal complaint. For security reasons, a reissue of other lost tickets cannot be carried out.
8. Withdrawal and reimbursement; replacement
8.1 No right of withdrawal or return: Even if Bayer 04 offers tickets by means of distant communi- cation in accordance with Article 312c, paragraph 2, German Civil Code, thus constituting a distance contract pursuant to Article 312c, paragraph 1, German Civil Code, the customer, pursuant to Arti- cle 312g, paragraph 2, no. 9, German Civil Code, shall have no right of withdrawal when purchasing a ticket. This means that no right of withdrawal within two weeks applies. Consequently every ticket order or bidding confirmed by Bayer 04 is binding and obliges the costumer to pay and accept the ordered ticket(s).
8.2 Exchange and return: Exchange and return of tickets are basically excluded. If a customer is unable to use his ticket for personal reasons (e.g. illness), a transfer of the ticket to a third party is admissible by way of exception within the framework of the regulation under Article 9.3.
8.3 Adjournment or abandonment of game: In case of an adjournment in time or location of an event definitively scheduled at the time of purchase of the ticket(s), the respective tickets remain valid. The customer may withdraw from the contract in the case of day tickets. Withdrawal shall be declared in text form (e-mail sufficient) by telefax or in writing by post to the contact address. On presentation of the ticket or mailing of the ticket at the customer’s expense to Bayer 04, in the case of electronic tickets the customers concerned shall receive the ticket price paid or a voucher worth the correspondi- ng ticket price for redemption in the specified Bayer 04 shops, stating the corresponding order number in the declaration of withdrawal, unless the allocation of a voucher is unreasonable for the customer; service and shipping fees shall not be reimbursed. In the case of an abandonment of the game, the customer shall not be entitled to a refund of the paid ticket price, unless Bayer 04 is responsible for the abandonment of the game or a weighing of the conflicting interests of the customer with the interests of Bayer 04 speaks in the individual case for a refund. The final scheduling of an event shall not be deemed an adjournment within the meaning of this provision and shall therefore not entitle the customer to withdraw from the contract if the final scheduling of an event had not yet been deter- mined when the ticket was purchased. In these cases, Bayer 04 is not liable to the ticket holder for futile expenses (e.B travel and accommodation costs).
8.4 Replay: In case of a replay, i.e. the re-setting and/or replay of an event that has already begun and been discontinued in accordance with Section 8.3, the replay shall be deemed a new event; the ticket for the initial event shall not be valid for said new event, unless Bayer 04 expressly points out that the ticket is also valid for the replay. In case of ongoing validity, the customer may withdraw from the con- tract to the extent that day tickets are concerned. The withdrawal shall be declared in text form (e-mail is sufficient), by fax or in writing by postal mail to the contact address. The respective customer shall be reimbursed the ticket price paid by presenting or sending the ticket to Bayer 04 at his own expense in the case of electronic tickets, the customer concerned will be reimbursed for the ticket price paid by stating the corresponding order number in the declaration of withdrawal (Article 8.3 for vouchers shall applies accordingly);service and shipping fees shall not be reimbursed.
8.5 Cancellation of game and exclusion of the public: In case of a cancellation of the event without substitution or an event that must proceed entirely or partly with the exclusion of the public according to a relevant association or authority, Bayer 04 and the customer concerned shall both have the right to withdraw from the contract regarding the purchase of one or several tickets for the event concer- ned. Bayer 04 is also entitled to block season tickets in this case. Withdrawal by the customer shall be declared in text form (e-mail sufficient), by telefax or in writing by post to the contact address. On presentation of the ticket or mailing of the ticket at the customer’s expense to Bayer 04, in the case of electronic tickets, the customers concerned shall, at the option of Bayer 04, receive either the ticket price paid—prorated in case of season ticket - stating the corresponding order number in the declarati- on of withdrawal at Bayer 04‘s discretion (Section 8.3 for vouchers applies accordingly);—; service and shipping fees shall not be reimbursed. In these cases, Bayer 04 is not liable to the customer for futile expenses (e.B futile travel and accommodation costs).
8.6 Replacement: The Customer acknowledges that Bayer 04 is entitled, for good cause, e.g. due to protection or hygiene measures prescribed by the association, the authorities or the law and require- ments for compliance with spacing areas, for example in the context of pandemic control, to assign the Customer seats of the same or a higher category that deviate from the seats ordered; the allocation of a seat in a lower price category is excluded or a corresponding partial refund will be made. In such a case of relocation, the customer has no right of withdrawal or a further claim for compensation.
9. Use and transfer
9.1 Interest worth protecting: In order to avoid violence and criminal acts in connection with the visit to the BayArena, for the enforcement of stadium bans, for the separation of fans of the two facing teams, and to prevent the non authorized resale of tickets, particularly for the prevention of ticket specula- tions, and for maintaining the widest possible supply of the fans with tickets at socially acceptable prices, it is in the interest of Bayer 04 and the spectators to limit the transfer of tickets.
9.2 Inadmissible transfer: Tickets are sold or awarded exclusively for the private, non-commercial use by the customer; any professional or commercial or business resale or any other inadmissible transfer of tickets by the customer is prohibited. The customer shall particularly be prohibited: a) from publically offering tickets for sale and/or particularly selling at auctions or on the internet, (e.g. on eBay, eBay-Kleinanzeigen, Facebook) and/or on sales platforms not authorized by Bayer 04 (e.g. viagogo, seatwave, StubHub, etc.); b) from transferring tickets at a price higher than the price paid; a mark-up of up to 10% for the com- pensation of transaction costs incurred shall be admissible; c) from transferring tickets regularly and/or in a greater quantity either on a game day or spread out over several game days; d) from selling or transferring tickets to commercial or industrial resellers and/or ticket merchants; e) from commercially or industrially using tickets or allowing their use without the prior express writ- ten consent of Bayer 04, particularly for the purpose of advertising or marketing, as bonus, promotio- nal gift, prize, or part of an unauthorized hospitality or travel package; f) from transferring tickets to persons which are banned from the stadium or who have been exclu- ded from attending sporting events for security reasons in the last five years, in particular because of participation in disputes in connection with football matches and against whom a stadium ban has been issued during this period,, provided that this fact was known or should have been known to the customer; g) from transferring tickets to fans of visiting clubs, provided that this fact was known or should have been known to the customer; or h) resell Special Tickets or pass them on to persons for whom the purpose associated with the respec- tive Special Ticket is not fulfilled.
9.3 Admissible transfer: A private transfer of a ticket for non-commercial and non-business and non- professional reasons, particularly in individual cases due to illness or other reasons for absence of the customer, shall be admissible if no case of inadmissible transfer pursuant to the regulation in Article 9.2 applies, and a) if the ticket is transferred via the official secondary market platform of Bayer 04 (https://www.bayer04.de/de-de/shop/ticketshttps://ticketshop.bayer04.de/) and in the manner specified on the secondary market platform; or b) if (i) the customer expressly indicates to the new ticket holder the validity and the content of these GTTC as well as the required forwarding of information (e.g. first name and surname on request) about the new ticket holder to Bayer 04 in accordance with this Article, (ii) the new ticket holder agrees with the validity of these GTTC between him/her and Bayer 04, iii) the new holder agrees to the transfer of his name, address and date of birth to Bayer 04 as well as the processing of this data for the execution of the contract by Bayer 04 and (iv) Bayer 04, at its request, (in particular due to protection or hygi- ene measures prescribed by the association, authorities or law, but in each case in accordance with the applicable data protection law) stating the personal data of the new ticket holder (regularly name, address and date of birth), is informed in good time about the transfer of the ticket or has implicitly declared the transfer to the new ticket holder to be permissible.
9.4 Data of the new ticket holder: The processing of the data of the new ticket holder (regularly name, address and date of birth) takes place on one hand for the fulfilment of the contracts between him and Bayer 04 and between him and the customer in accordance with Art. 6 para. 1 sentence 1 b) GDPR. On the other hand, this data processing is carried out to safeguard the legitimate interests of Bayer 04 (see Section 9.1) in accordance with Art. 6 para. 1 sentence 1 f) GDPR.
9.5 Measures in case of inadmissible transfer: In case of one or several violations of the regulation in Article 9.2 and/or other inadmissible transfer of tickets, Bayer 04 has the right a) to not deliver and/or cancel tickets to the customer concerned if tickets were used contrary to the regulations in Article 9.2 prior to transfer or shipping; b) to block the tickets concerned and to deny the ticket holder access to the BayArena without compensation or to expel said ticket holder from the BayArena; c) to exclude customers concerned from ticket purchase for an appropriate period of time but no more than a maximum of five (5) years; decisive for the duration of the ban shall be the number of violations, the number of tickets offered, sold, transferred, or used as well as possible proceeds from the resale; d) in case of an inadmissible transfer pursuant to Article 9.2 a) and/or 9.2 b), to request the payment of the excess proceed or profit from the respective customer in accordance with Article 13; e) to impose a contractual penalty on the customer in accordance with Article 12; f) to no longer grant privileges to customers concerned, e.g. privileges in connection with the mem- bership at the Bayer 04 Club or in official fan clubs of Bayer 04, and/or to terminate the membership of those customers concerned at the Bayer 04 Club; and/or; g) to report in an appropriate manner about the incident while also naming the customer in order to prevent a future use of the tickets contrary to contract (applicable law: Art. 6 para. 1 sentence 1 f) DS- GVO).
10. Access to the BayArena and behavior at the BayArena
10.1 Rules of the stadium: Access to the BayArena shall be subject to the rules of the stadium displayed at the BayArena or accessible anytime on the internet at https://www.bayer04.de/de-de/shop/tickets https://ticketshop.bayer04.de/ . With access to the Ba- yArena, every ticket holder acknowledges the rules of the stadium and accepts said rules as binding. The rules of the stadium shall apply regardless of the validity of these GTTC.
10.2 Video surveillance: For the ensurance of stadium safety and to support the work of regulato- ry authorities and law enforcement authorities the BayArena and its surroundings are surveilled by video technology according to Article 6 paragraph 1 sentence 1 f) GDPR in conjunction with Article 4 of the German Federal Data Protection Act (“BDSG”). Further on regulatory and law enforcement autho- rities also may use video surveillance in accordance to their lawful competence to avert danger and criminal prosecution in accordance with the applicable legal provisions (e.B police law NRW and StPO). The recordings made using a video surveillance system are confidentially handled by Bayer 04. In the event of criminal actions they can be used as piece of evidence in court. The same shall apply with regard to visual and audio-visual recordings made in accordance with Article 11 which are transmitted to authorities or courts by Bayer 04 or third parties authorized by Bayer 04 or the respective compe- tent association upon request in accordance with Art. 6 paragraph 1 sentence 1 c) or f) GDPR for these purposes. If an event recorded by means of a video surveillance system is carried out uneventfully, the recordings will be deleted in accordance with the applicable data protection regulations, in particular the GDPR and the BDSG.
10.3 Domiciliary rights: Bayer 04 or third parties commissioned by Bayer 04 shall have the right to exercise the householder’s rights at any time. The instructions from Bayer 04, the police, security personnel and stadium administration must always be followed before, during, and immediately after an event.
10.4 Right of access: In general any customer or ticket holder with a valid right of attendance acquired in accordance with Article 2.6 has the right to access the BayArena. Access to the BayArena can still be denied if a) the customer or ticket holder refuses to submit to an appropriate inspection of his person and/or the objects carried by such customer by the security personnel prior to entering the unrestricted area, at the entrance of and/or in the interior of the BayArena; and/or b) the customer or ticket holder, during the course of the same event, has already entered and sub- sequently left the unrestricted area of the BayArena again; in such case, the ticket shall no longer be valid; and/or c) the individualization criteria printed on the ticket (e.g. name, bar- / QR-code, serial nummer, etc.) is manipulated, unrecognizable and/or damaged or the barcode/QR code has already tried to enter, unless Bayer 04 is responsible for this, and/or d) the ticket holder is not identical to the respective customer identifiable by individualization criteria printed on the ticket, unless it constitutes a case of permissible transfer pursuant to Article 9.3. In the event of a justified refusal of access, the customer or ticket holder shall not be entitled to com- pensation.
10.5 Special access conditions: For good cause, e.g. due to protection and hygiene measures prescri- bed by the association, the authorities or the law or within the framework of a (partial) exclusion of spectators, Bayer 04 is entitled (and possibly obliged) to define special access conditions within the framework of the data protection regulations and to enforce their compliance: a) Bayer 04 is entitled to make certain requirements and/or proofs a condition for the purchase of tickets and/or access to the BayArena (e.g. proof of health or vaccination status; mask obligation) and to have these proofs presented by the ticket holder in the sense of an admission requirement imme- diately before access to or during a stay in the BayArena and to check compliance with the specified requirements. If the ticket holder is unable to meet the relevant requirements, Bayer 04 may refuse to purchase tickets and/or access to the BayArena or expel the customer or ticket holder from the BayArena. b) Bayer 04 is entitled to set up certain access time slots for certain ticket holders. In this case, the respective ticket holder is obliged to comply with the corresponding requirements. In the event of intentional or negligent non-compliance, the ticket holder may be denied access to the BayArena out- side the specified time window without compensation. c) Bayer 04 is entitled to subject access to and stay in the BayArena to additional regulations, pro- visions and requirements (e.g. provision of further personal data). The applicable regulations and requirements are made available to the customers in good time and must be observed by all ticket holders. Corresponding instructions from Bayer 04, the police and/or security personnel must be followed. In the cases of sections 10.5 lit.a and lit.c, the customer may withdraw from the contract for the event concerned (if necessary partially) if the purchase of tickets had already taken place at the time of notification of the special access conditions. The customer will then receive a refund of the paid ticket price upon presentation or transmission of the ticket on his own account, in the case of electronic tickets stating the corresponding order number in the declaration of withdrawal (Section 8.3 for reimbursement by means of repayment or voucher applies accordingly); Fees already incurred (e.g. service and shipping fees) will not be refunded. The right of withdrawal is forfeited if the customer has once obtained stadium access under applicable access conditions and has thus implicitly agreed to these access conditions.
10.6 Information duty and risk of infection Every ticket holder is obliged to inform himself in good time in advance of an event in the BayArena about possible time transfers, exclusions of spec- tators and applicable protection and hygiene regulations. The current information is available at www.bayer04.de. Each ticket holder also acknowledges that he or she may become infected with (viral) diseases while attending a Bayer 04 event – despite any protective and hygiene measures taken. By attending an event, the customer consciously takes this risk.
10.7 Seat assignment: Every ticket holder must take the same seat in the BayArena that is indicated on his ticket or for which the ticket is valid. Deviating from the aforementioned, the customer shall be obligated to accept a different seat upon request by Bayer 04 or the security personnel if this is required due to weighty factual reasons (e.g. safety aspects); in such case, no claim for compensation shall apply.
10.8 Fan blocks: Blocks C, SC, D, SD, E, and SE as well as further individually marked blocks in the BayArena are the home areas for the fans of Bayer 04 (“home area”). In these home areas and further designated areas in the BayArena, the view might be obstructed particularly due to the waving of flags. Complaints or claims for compensation based on these limitations shall be excluded. Since Bayer 04 is obligated for safety reasons to separate the fans of opposing teams, fans of the respective visiting team or persons who can be considered to be fans of the visiting team due to their behavior or outward appearance (“guest fans”) shall not be allowed access to and/or stay in the home area of the BayArena for safety reasons. Bayer 04, the police, and the security personnel shall have the right to deny guest fans access to the home area or a block immediately adjacent to the home area of the BayArena, even if they hold a valid ticket, and/or to expel such persons from the home area or a block immediately adja- cent to the home area and move them to the guest area of the BayArena if a sufficient number of seats are still available. If no other suitable seat can be offered, the person concerned can be expelled from the BayArena or access to the BayArena denied; in such case, no claim for compensation shall apply.
10.9 Improper conduct at the BayArena: In case of one or several violations of ticket holders or custo- mers of the following rules of conduct—applicable to the entire stadium area as well as during travels/ arrival and departure to and from events by Bayer 04 which are organized by Bayer 04, Bayer 04—the police and/or the security personnel shall have the right:
- - to confiscate prohibited objects from ticket holders or customers without compensation, and/or
- - to deny ticket holders or customers access to the area of the BayArena and/or the respective venue
10.10 Sanctions in case of prohibited conduct: In case of serious violations of the regulations in Article 10.9,special access conditions in accordance with Article 10.5 orin case of acts pursuant to Articles 3, 27 of the Freedom of Assembly Act (“VersG”), in case of participation in occasion-related criminal offenses and/or violent acts within or outside the BayArena, Bayer 04, in addition to the immediate sanctions in Article 10.9, shall have the right to impose the sanctions listed under and in accordance with the regulation in Article 9.5 and/or Article 3.5 against the customer or ticket holder concerned.
10.11 Stadium bans: In case of serious violations of the regulations in Article 10.9 or- special access conditions in accordance with Article 10.5 or in case of acts pursuant to Ar- ticles 3, 27 VersG, in case of participation in occasion-related criminal offenses and/or vio- lent acts within or outside the BayArena, Bayer 04, in addition to the immediate sanctions in Article 10.9 and the sanctions pursuant to Article 10.10, a stadium ban, and in particularly serious cases also a nationwide stadium ban, can be imposed. In this respect, the directive for the uni- form handling of stadium bans of the German Football Association (DFB) shall apply, as amended (https://www.dfb.de/verbandsservice/pinnwand/stadionverbots-richtlinien). The ban shall be noti- fied in writing to the persons concerned. The processing of personal data in connection with stadium bans is always carried out in compliance with the applicable regulations, in particular the GDPR and the BDSG. The DFB is also responsible for forwarding to UEFA and/or FIFA any persons affected by a stadium ban in accordance with section 9 (4) of the DFB guidelines on the harmonized treatment of stadium bans. Bayer 04 reserves the right to pass on customer data to the DFB and/or UEFA upon re- spective request (cf. UEFA Security Regulations) for the enforcement of stadium bans in accordance with Art. 6 paragraph 1 sentence 1 e) GDPR, insofar as this is necessary to guarantee public safety and security in the BayArena.
10.12 Recourse: For violations of individual or several spectators of the regulations in Article 10.9, parti- cularly for the burning of Bengal lights and/or the use of other pyrotechnical objects, and/or throwing of objects, and/or unauthorized trespassing of the pitch, Bayer 04, and in case of violations of fans of the away team also the away club, can be fined by the competent associations with a monetary penalty or other sanctions. Bayer 04, or the away club, shall have the right to comprehensively demand recourse or damages according to the requirements of the respective high court jurisdiction resulting from the sanction from those verifiably identified responsible persons. If several persons are responsible, they shall be joint and several debtors pursuant to Article 421, German Civil Code, with the effect that Bayer 04 or the away club shall have the right to hold liable one individual, verifiably identified respon- sible person with regard to the entire monetary penalty or the entire damages resulting from the sanc- tion for Bayer 04 or the away club if a causal connection existed between the contribution to the act of any verifiably identified responsible persons.
11. Spectator recordings of the event
Bayer 04 and the respective responsible association (UEFA, DFL e.V., DFL GmbH and/or DFB, see reference to further data protection information set out in Article 16) or third parties commissioned or otherwise authorized by them (e.g. broadcasters, press) may pursuant to Art. 6 paragraph 1 sentence 1 f) GDPR independently take visual and audio-visual recordings for public reporting and advertising of the relevant event and competition, which may show the ticket holder as a spectator of the relevant event. The legitimate interest of Bayer 04 or third parties commissioned or otherwise authorized by Bayer 04 (e.g broadcasting, press) lies in the interest of showing and exploiting the event in questi- on in the media. These visual and audio-visual recordings may be processed, exploited and publicly reproduced by Bayer 04 and the relevant association and the companies affiliated with them pursuant to Section 15 of the German Stock Corporation Act (AktG) and by third parties authorized by them (e.g. broadcasters, press) within the scope of the same legitimate interest. Details can be found under the linked data protection declaration of Bayer 04 under section 16. If a customer acquires tickets not only for himself but also for other ticket holders with an effective right to visit, the customer is obliged to ensure that the information in Article 11 and 16 is forwarded to the relevant ticket holder, the provisions on the admissibility of the transfer according to sections 9.2 and 9.3 remain unaffected.
12. Contractual penalty
12.1 Requirements: In case of a culpable violation of these GTTC by the customer, particularly of one or more regulations in Article 9.2 - in particular Article 9.2 lit. a) and b) – or Article 10.9, Bayer 04, in addition to the other possible measures and sanctions according to these GTTC (es- pecially according to Article 10.12) and/or further recourse or legal compensation, in particular pursuant to tort law, shall have the right to impose on the customer an appropriate contractual penalty in the amount of up to 2.500,- EUR.
12.2 Amount: Decisive for the amount of the contractual penalty shall be particularly the number and the intensity of the violations, type and degree of culpability (intent or negligence), attempts and successes of the customer with regard to redress, the question whether and to what extent said person is a repeat offender, and, in case of an unauthorized resale of tickets, the quantity of tickets offered, sold, transferred, or used as well as possible proceeds or profits generated from the resale.
13. Payment of excess proceeds
13.1 Requirements: In case of an inadmissible transfer of tickets pursuant to Article 9.2 a) and/or 9.2 b) by the customer, Bayer 04, in addition to imposing a contractual penalty pursuant to Article 12 and in addition to the other possible measures and sanctions according to these GTTC, shall have the right to request full or partial payment from the customer of the excess proceed or profit generated from the inadmissible ticket transfer by such customer.
13.2 Amount and use: The criteria specified in Article 12.2 shall be decisive for the question whether and to what extent the excess proceeds are paid. Bayer 04 shall use the skimmed off excess proceeds or profits for the benefit of social purposes (e.g. funding of youth soccer).
Customers shall visit the area around the BayArena and in the BayArena at their own risk. Bayer 04, its legal representatives and/or vicarious agents shall be liable for damages, irrespective of the legal basis, only in case of intent or gross negligence or—limited to the damage foreseeable and contract-typical at the time of the conclusion of contract—in case of violation of essential contractual obligations. Essenti- al contractual obligations are those obligations which must be fulfilled in order to make the proper exe- cution of the contract initially possible, the violation of which jeopardizes the attainment of the purpose of the contract, and the observance of which the customer ordinarily relies on. The limitation of liability shall not apply to claims for compensation of damages due to injury to life, body, or health or due to other legally compulsory liability offenses.
Ticket orders, queries, and any and all matters in connection with tickets from Bayer 04 can be addressed to Bayer 04 via the following contact options:
Bayer 04 Leverkusen Fussball GmbH
Hotline:+49 214 5000 1904
online ticket shop: https://www.bayer04.de/de-de/shop/tickets
The EU offers an online platform that customers can use to settle disputes regarding consumer affairs
out of court: http://ec.europa.eu/consumers/odr/
Bayer 04 is not taking part in any dispute resolution in front of a consumer arbitration board according to German law (Par. 36 VSBG).
16. Data protection
Further data protection provisions, including the rights of the ticket holder under the GDPR and the contact details of Bayer 04‘s data protection officer, can be found in the data protection decla- ration available at https://www.bayer04.de/de-de/page/datenschutzerklaerung. With regard to the creation and distribution of visual and audio-visual recordings of Bayer 04 events in accordance with Article 11 as well as the transmission of data of customers or ti- cket holders to ensure security in the BayArena, reference is also made to the data protection declaration of the relevant association, to https://www.dfl.de/de/datenschutz/ for the DFL e.V. and to https://www.dfb.de/datenschutzerklaerung/ for the DFB as well as the UEFA at https://de.uefa.com/privacypolicy/
17. Choice of law, place of fulfillment, jurisdiction
17.1 Choice of law: German law shall apply as long as no mandatory foreign law is applicable that origina- tes from the country of the costumer. Application of the UN Convention on Contracts for the Internatio- nal Sale of Goods (CISG) shall be excluded.
17.2 Place of fulfillment: The sole place of fulfillment for delivery, performance, and payment shall be the domicile of Bayer 04 (Leverkusen).
17.3 Jurisdiction: The place of jurisdiction for all disputes concerning, arising out or relating to these GTTC and the validity or a transaction based on these GTTC, is Leverkusen to the extent legally permissi- ble. If the customer is a merchant in accordance with the German Commercial Code (HGB), a corporate body under public law, or a public separate estate, has no domestic place of general jurisdiction, or if the domicile or habitual residence in unknown at the time of the institution of legal proceedings, the exclu- sive jurisdiction for any and all disputes from and in connection with the contractual relationship shall be Leverkusen. In case of cross-border contracts to a non-consumer costumer, Leverkusen shall also be stipulated to be the exclusive jurisdiction for any and all disputes from the contractual relationship. This does not apply when the costumer is a consumer.
17.4 Language: In case of uncertainties of the GTTC that occur from differences between the English and the German version the German version shall prevail.
18. Amendments and changes in the existing contractual relationship
In case of a change of the conditions of the market and/or the legal framework and/or the high-court jurisprudence, Bayer 04 shall have the right, even with regard to existing contractual relationships, to amend and/or change these GTTC and/or the price list with a term of notice of four (4) weeks in advance even in the case of existing contractual relationships with customers (in particular in the case of season tickets in accordance with Section 3), provided that the change is reasonable for the customer taking into account the interests of Bayer 04. For an increase in prices (due to a change in the price list) for existing continuing obligations in accordance with Sections 3.3 and 3.4, this shall only apply in the event of significant changes in market conditions to the detriment of Bayer 04, in particular in the event of a significant increase in matchday costs or other procurement or provision costs, in the event of a change in value added tax or comparable taxes, or in the event of a significant change in the consumer price index of the Federal Statistical Office (min. An increase of 0.5 percentage points compared to the same period of the previous year) is permissible., All changes shall be announced to the customer in writing or via email if the customer agreed to this form of correspondence – online (e.g. by e-mail). The amendments or changes shall be deemed approved if the customer has not objected in writing or via email or online within a period of four (4) weeks after receipt of the changes and/or amendments, provided that Bayer 04 has expressly referred to this circumstance of assumption of approval in the notifi- cation of change. A possible objection by the customer must be addressed to the contact address. An objection entitles Bayer 04 to extraordinary termination of the legal relationship concerned. Changes in the prices for existing continuing obligations in accordance with sections 3.3 and 3.4 shall only apply to the new season.
19. Severability clause
In case individual provisions of these GTTC are entirely or partly invalid, the validity of the remai- ning provisions or the remaining parts of such provisions shall not be affected. The parties agree to negotiate in good faith in order to replace an invalid provision with a provision which closely approximates the economic purpose of the invalid provision. The same shall apply to a loophole within these GTTC.
Effective 1. July 2022