GENERAL TICKET TERMS AND CONDITIONS (“GTTC”) OF BAYER 04 LEVERKUSEN FUSSBALL GMBH

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 authorized 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. The 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. electronic ticket or print@home-ticket) or deposit of the ticket (Article 6.2), the contract between 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/en-us/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, 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 conditions are binding for the customer.
2.5 Allocation of other tickets: Provided that the customer has given his consent within the framework 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 category 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. Bayer 04 will therefore grant the right of attendance exclusively to those 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 (“right of attendance”). To prove his identity, the customer or the respective ticket holder shall provide a valid identification card 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 9.4 and 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 obligation 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/en-us/shop/tickets. Each season ticket has 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 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 in text form) and is issued 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/en-us/shop/tickets (“price list”).
3.2 Subscription: Regardless of the time of purchase, a season ticket shall always be purchased as subscription, i.e. in the form of a continuing obligation (“subscription”). At the beginning of the season, a new season ticket shall be mailed to the customer unless the customer cancels the subscription by 31st May of the respective year or until the expiry of a later deadline separately announced by Bayer 04 by at least text form (e-mail sufficient). Such cancellation may within the announced deadline be submitted in text form (email sufficient), at the online ticket shop of Bayer 04 (https://www.bayer04.de/en-us/shop/tickets), or by mail to the contact address. The receipt by Bayer 04 shall be decisive for adherence of the cancellation deadline. In case of adjustments to the terms concerning season tickets, (e.g., price), Bayer 04 shall inform the customer at the latest two weeks prior to expiration of the cancellation deadline about such change and the existing right of cancellation. The changes shall be deemed approved if the cancellation is not received by Bayer 04 within the indicated cancellation deadline. After expiration of the cancellation deadline, the purchase price of the season
ticket shall be due for payment. Bayer 04 shall have the right to cancel the subscription effective 30th June of the respective season. The cancellation by Bayer 04 must be declared to the costumer in writing no later than 31st May of the respective year.
3.3 Termination for cause: Regardless of the regulations of Article 3.2, each party shall have the right to terminate for cause the subscription in text form (email sufficient). An exceptional reason for Bayer 04 is constituted particularly if Bayer 04 has the right in accordance with Articles 9.4, 10.9 and/or 12.10 to impose one of the legal consequences described in the Articles indicated. 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).
3.4 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 capacities and organizational circumstances. Reseating shall only be possible between 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/en-us/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.
3.5 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 completely 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. The assignment request can only be submitted during the adjustment phase and exclusively with the form provided for such purpose which must be signed by the transferring and the new customer and mailed to Bayer 04. The form is available under https://www.bayer04.de/en-us/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 assignment, Bayer 04 may charge a processing fee in accordance with the price list.
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 verification 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 of legal age. 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 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. 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, wire 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), Bayer 04 shall have the right to cancel or electronically block the respective tickets; the respective tickets shall lose their validity. Incurred additional 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. The risk of loss of or damage to the tickets during shipment shall be borne by Bayer 04. Tickets shall be delivered 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 immediately to Bayer 04 at the contact address. Tickets lost during shipping will be reissued by
Bayer 04 in accordance with Article 7.3.
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. 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 of an official identification card or other document suitable for official identification. Bayer 04 shall
have the right to request an appropriate deposit fee for the deposit of the ticket. The risk of loss of or damage to the ticket prior to collection 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: 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 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 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 processing fee in accordance with the price list, unless Bayer 04 or third parties commissioned 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 notification 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. In case of abusive notifications of a loss, Bayer 04 may file a criminal complaint.
8. Withdrawal and reimbursement
8.1 No right of withdrawal or return: Even if Bayer 04 offers tickets by means of distant communication 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 Article 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 9.2.
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 writing (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, the customers concerned
shall receive the ticket price paid (Article 8.5 applies accordingly to vouchers); 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 determined when the ticket was purchased.
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 contract 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 (Article 8.5 for vouchers shall apply 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 concerned. Bayer 04 is also entitled to block season tickets in this case. Withdrawal by the customer shall
be declared in writing (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, the customers concerned shall, at the option of Bayer 04, receive either the ticket price paid—prorated in case of season ticket—or a voucher in the value of the respective ticket price for redemption in the indicated shops of Bayer 04; service and shipping fees shall not be reimbursed.
9. Use and transfer
9.1 Intent and purpose: 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 speculations, 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 compensation 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 written consent of Bayer 04, particularly for the purpose of advertising or marketing, as bonus, promotional gift, prize, or part of an unauthorized hospitality or travel package;
f) from transferring tickets to persons which are banned from the stadium, 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 special ticket is not fulfilled.
9.3 Admissible transfer: A private transfer of a ticket for non-commercial and non-business and nonprofessional 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/en-us/shop/tickets) 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, and (iii) Bayer 04 is, on reasonable request. informed in a timely manner about the name of the new ticket holder and the transfer of the ticket or if
Bayer 04 has conclusively declared the transfer to the new ticket holder to be permissible. The transmission of the new ticket holder‘s data is, on the one hand, for the purpose of fulfilling the contracts between the ticket holder and Bayer 04 and between the Ticket Holder and the customer in accordance with Art. 6 para. 1 sentence 1 b) of the GDPR. On the other hand, this data shall be processed in order to safeguard the legitimate interests of Bayer 04 (cf. Article 9.1) in accordance with Art. 6 para.
1 sentence 1 f) GDPR.
9.4 Sanctions 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 no longer grant privileges to customers concerned, e.g. privileges in connection with the membership 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;
f) 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)
DSGVO)
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/en-us/shop/tickets. With access to the BayArena, 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 regulatory 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 authorities also may use video surveillance in accordance to their lawful competence. 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 audiovisual 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 competent 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 subsequently 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) 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 compensation.
10.5 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.
10.6 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 adjacent 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.
10.7 Improper conduct at the BayArena: In case of one or several violations of ticket holders or customers 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 and/or expel them from their seat without compensation.
a) It is prohibited to enter the field and/or to climb or pass crowd barriers without corresponding permission.
b) It is prohibited to be obviously inebriated, under the influence of drugs and/or masked, behave violently or in other ways against the public order or convey the impression of such behavior.
c) It is prohibited to carry and/or use the following objects: Weapons, objects that can be used as weapons or missiles, caustic or easily flammable substances, bottles of any kind, cans or other containers made of breakable, splintering, or particularly hard materials, torches, fireworks, smoke candles and powder, Bengal lights and all and any other pyrotechnical objects and all and any substances or mixtures of substances, laser pointers, bulky objects, beverages not purchased at the BayArena (exception:
non-alcoholic beverages in beverage cartons with a maximum capacity of 500 ml), illegal drugs, articles of clothing that are obviously carried for masking purposes, animals as well as objects that are suited to endanger and/or unduly compromise the safety in and around the BayArena, other spectators, players and/or officials.
d) It is prohibited to carry and/or use the following objects: Racist, anti-foreign and/or radical rightwing or left-wing propaganda means, political or religious objects of any kind, including banners, signs, symbols, and flyers, provided that there is reason to assume that said object will be unduly displayed at the BayArena. Regardless of the above objects, it is prohibited to voice or propagate inhuman, racist, anti-foreign, politically extremist, obscenely offensive, provocatively insulting, and/or radical left- or
right-wing slogans as well as corresponding acts throughout the entire area of the BayArena.
e) Attendance at the BayArena for the purpose of media reporting about the event (television, radio, internet, print, photo) and/or the collection of game data shall only be permissible upon prior consent by Bayer 04 and in the areas dedicated specifically for such purposes. It is prohibited to record, to collect or to transmit via the Internet and/or other media (including mobile devices, such as smartphones, tablets) and/or to publicly distribute image, sound and/or video recordings, descriptions or results and/
or data of the event in whole or in part, live or time-delayed (re-live) and/or to support other persons in such activities, unless it is exclusively for private, non-commercial use. Any and all commercial use, regardless of the manner and by whom, shall require the prior written consent by Bayer 04. It is prohibited to bring devices and equipment that can be used for such activities as intended to the BayArena without the prior consent by Bayer 04 or third parties authorized by Bayer 04. Bayer 04 points out that
the DFL Deutsche Fußball Liga GmbH is entitled to delete or have deleted recordings that have been transmitted and/or publicly reproduced in violation of this provision. Bayer 04 further points out that the DFL Deutsche Fußball Liga GmbH may be authorized to assert further claims of Bayer 04 against the viewer in its own name judicially and extra-judicially.
f) Acts that could result in a direct or indirect association with Bayer 04, DFL Deutsche Fußball Liga e.V. (“DFL e.V.”), DFL Deutsche Fussball Liga GmbH (“DFL GmbH”), Deutscher Fussball Bund e.V. (“DFB”), the event or parts thereof, are prohibited throughout the entire area of the BayArena without prior written consent by Bayer 04 or third parties authorized by Bayer 04. In the area of the BayArena, it is particularly prohibited
i) to establish or to attempt to establish such an association with the unauthorized use of brands, logos, or other identifiers or in other ways;
ii) to purposefully engage in commercial advertisement of any kind, e.g. distribute advertising brochures or other written information which relate to a business, an article or a service;
iii) to offer, sell or carry with intent to sell beverages, foodstuff, souvenirs, clothing, or other objects or services.
g) Regardless of the above regulations, the carrying of the following objects shall only be permissible throughout the entire stadium area with prior consent by Bayer 04: Flagpoles and banner poles with a length of more than 1.5 m and/or a diameter of more than 3 m, banners and flags bigger than 2 sqm, mechanically or electrically operated noisemakers, and/or devices for noise or voice amplification.
10.8 Sanctions in case of prohibited conduct: In case of serious violations of the regulations in Article 10.7, in 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 10.7, shall have the right to impose the sanctions listed under and in accordance with the regulation in Article 9.4 and/or Article 3.3 against the customer or ticket holder concerned.
10.9 Stadium bans: In case of serious violations of the regulations in Article 10.7, in case of acts pursuant to Articles 3, 27 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 10.7 and the sanctions pursuant to Article 10.9, a stadium ban, and in particularly serious cases also a nationwide stadium ban, can be imposed. In this respect, the directive for the uniform 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 notified 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 respective 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. 
10.10 Recourse: For violations of individual or several spectators of the regulations in Article 10.7, particularly 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 responsible person with regard to the entire monetary penalty or the entire damages resulting from
the sanction 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. 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).
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.
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 10.7, Bayer 04, in addition to the other possible measures and sanctions according to these GTTC (especially according to Article 10.10) 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).
14. Liability
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 contracttypical at the time of the conclusion of contract—in case of violation of essential contractual obligations. Essential contractual obligations are those obligations which must be fulfilled in order to make
the proper execution 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.
15. Contact
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
Service center, Bismarckstrasse 122-124, 51373 Leverkusen,
Hotline: 0214 / 5000 1904
Email: info@bayer04.de; online ticket shop: https://www.bayer04.de/en-us/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 declaration 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 ticket holders to ensure
security in the stadium, 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 originates from the country of the costumer. Application of the UN Convention on Contracts for the International 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 permissible. 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 exclusive 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 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,
provided that the change is to be deemed acceptable to the customer whilst taking into account the interests of Bayer 04. The respective changes shall be announced to the customer in writing or via email if the customer agreed to this form of correspondence. The amendments or changes shall be deemed approved if the customer has not objected in writing or via email 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 notification of change. A possible objection by the customer must be addressed to the contact address.
19. Severability clause
In case individual provisions of these GTTC are entirely or partly invalid, the validity of the remaining 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: April 2021