General Terms and Conditions of Use of the Ticombo Platform (last updated: May 2024)

Ticombo GmbH, Unter den Linden 24, 10117 Berlin, Germany, and its affiliates (Ticombo Switzerland GmbH, Dorfstrasse 52a, 6390 Engelberg) (hereinafter “Ticombo”) provide an online platform for the sale and purchase of tickets (hereinafter the “Platform”) at the Internet address www.ticombo.com and other domain extensions. In particular, the Platform allows users to offer for sale and to purchase tickets for events in the areas of sports, concerts, entertainment, theatre, and musicals (hereinafter “Events”). These Terms and Conditions (hereinafter the “Terms of Use”) will also apply if there is specified a different legal entity operating the platform and offering the services (i.e., a Ticombo subsidiary) for specific countries (domains), Events or Listings. Information of legal entity offering services on the Platform, will be provided under each Listing, each Event and/or each Domain (Country), with precedence in this order.

Your use of the Platform (including apps and access via smartphones and mobile phones) shall be governed exclusively by the following General Terms and Conditions of Use (hereinafter collectively referred to as: Terms of Use). The Terms of Use shall apply equally between seller and buyer and between users (sellers and/or buyers) and Ticombo. These terms apply in addition to any Seller specific terms provided by the Seller for each listing. If such specific terms are added by the Seller, this will be displayed in the listing and on the checkout page. Seller cannot specify specific terms in conflict with Terms of Use. By clicking the respective button (e.g., during registration or creation of an account), you consent to the applicability of these Terms of Use.

Our Terms of Use are divided into four different subsections:

• 1. General Terms
• 2. Special Conditions for Sellers
• 3. Special Conditions for Buyers
• 4. Delivery Rules

1. General Terms

The following terms apply to all users of the Platform, i.e., for those intending to buy tickets (in this capacity “Buyers”) as well as for those intending to sell tickets (hereinafter “Sellers”). Buyers and Sellers are therefore hereinafter collectively referred to as "Users".

Sec. 1 Eligibility/Registration

In order to be eligible for participation in the Platform, it is necessary to complete the prescribed registration process including the correct provision of all requested information on the respective registration form. Registration is free of charge except for any telecommunication costs which may occur.

Only persons aged 18 and over with unlimited legal capacity as well as legal entities are entitled to register. There is no right to be granted access to the Platform and Ticombo reserves the right to block specific users from accessing and utilizing the Platform if it has grounds to believe that the User has infringed these Terms of Use or any applicable regulations and legislation.

Users are obliged to provide correct and complete information during the registration process. Users shall not pretend to be a different person, use a name which they are not entitled to use or infringe third party rights in any other way in the context of the registration process.

If incorrect information is provided during registration, Users may be permanently or temporarily excluded from using the Platform, also upon expiry of a deadline where required.

Access to the Platform is protected by an individual password, if the registration is made via an email address. A new individual password may not be required in the event that registration is performed via log in using social media accounts for each User. Maintaining the safety of their password is the sole responsibility of the Users. We recommend changing the password at regular intervals. Passwords must not be passed on to third parties. To increase password security, it only be used to access the Platform and to use the services offered on the Platform. Users are solely responsible for all actions carried out using their password. We encourage Users to immediately change their password should it have become known to unauthorised parties.

With each use of the Platform, the Users undertake to comply with the rules stipulated in these Terms of Use. A non-compliance with the Terms of Use may lead to a temporary or complete exclusion from the Platform.

A transfer of the user account to a third party is only admissible with Ticombo's prior consent.

Sec. 2 Ticombo's Role

Please note that Ticombo merely provides a technology Platform to bring together Sellers and Buyers of tickets for Events and neither hosts Events or sells tickets nor gets involved in the performance of the contract between the Buyer and the Seller with regards to the tickets in any other way. Ticombo does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. Once the Buyer and Seller have entered into a transaction, all transactions are covered by the Ticprotect program.

Ticombo is an independent entity to the organizers of the Events, and the use of a trademark for the sole purpose of identification of an Event cannot be interpreted as representing a partnership with the organizer. In the case of the existence of a partnership and/or agreement with organizers, it shall be expressly mentioned on the Platform.

There is no charge for the registration of Users on the Platform. Ticombo will take a fee from the Seller and/or Buyer during each transaction for providing the Platform. The fee will be paid by the Seller and/or Buyer and this might be a fixed sum per ad, order, a percentage or part of the transaction amount.

Ticombo does not hold the Seller`s funds or proceeds in its own account.

Unless stipulated otherwise in these Terms of Use, Ticombo will not assume the role of a mediator in disputes between Users or in the context of the enforcement of the fulfilment of claims between the Users. Ticombo shall enforce its Ticprotect program to guarantee the transactions on the Platform as outlined in these Tems. Moreover, Ticombo shall be entitled to impose fines on Users who breach these Terms, as described herein.

Ticombo is entitled to technically edit offers posted by Users so that these can also be displayed on mobile devices or software applications of Ticombo or third parties. Ticombo shall be entitled to enforce price caps on specific Events or whole jurisdictions, and it may be legally required to do so.

Sec. 3 Principles of Platform Use

Minors (persons under the age of 18) are not eligible to use the Platform unsupervised and we request that minors do not submit any personal information to us. If you are under the age of 18, you may only use this Platform in conjunction with the authorization and under the supervision of your parents or legal guardians.

Users are not permitted to carry out advertising (including self-advertising and links) on the Platform, i.e., on or from the offer pages.

Insofar as Ticombo has not granted its express consent, the Users undertake not to use any data of other Users which is accessible on the Platform or has come to their knowledge due to the use of the Platform in any way unless the data use serves the purpose of performing the contract. It is not permitted to use such information and data for advertising, unsolicited emails, other unwanted communications or for other purposes which go beyond the purpose which serves the Platform.

The Users are not entitled to evade Ticombo's fee structure and to reallocate the incurred costs between each other.

Ticombo does not recognize or endorse the activities of coupon and cashback-based publishers within its Platform without its explicit consent. This includes, but is not limited to, affiliates, partners, or third-party entities engaged in the distribution or promotion of coupons, cashback offers, or similar incentives related to transactions conducted on the platform. Ticombo reserves the right to disregard any transactions or purchases facilitated by coupon or cashback-based publishers, without assuming any liability or obligation.

The Users should not, based on information obtained from the Platform directly or indirectly, take direct contact with the Seller via email, phone, or social media to do deals and agreements outside of the Platform, to evade fees for transactions. This will result in being blocked from the Platform and Ticombo might withhold funds. Contact between Seller and Buyer to fulfill agreement and delivery are allowed to the extent such contact cannot be handled via the Platform or messaging tool provided by the Platform.

Some payment methods allow for charges to be done only in certain currencies. If the Seller account of our payment processing partnerdoes not support this currency an exchange fee will apply.

Users agree to utilize the Platform in accordance with applicable legislation and regulations. Ticombo reserves the right to take legal action against Users that breach these applicable provisions, impose penalties and claim any damages incurred by Ticombo.

Sec. 4 Content Moderation

We take the quality of content on our Platform seriously to ensure a safe and fair experience for all Users. To achieve this and considering that Users are able to create events and listings on the Platform, we have implemented a simple flagging system that allows you to report any content that you believe may violate our rules or legal requirements. In our Platform, Users are able to flag both listings and events.

We encourage organizers to also utilize our flagging system, as it ensures a case-by-case analysis and provides the opportunity to the User which created the event or listing to oppose the flagging by providing its own arguments.

Users may flag a listing due to (i) the listing infringing price gouging laws; (ii) an absence of or inadequate ticket details; or (iii) a copyright infringement of the listing. In addition, events can be flagged due to (i) a copyright infringement of the event; (ii) the event being subject to legal resale restrictions; or (iii) containing erroneous information.

Ticombo shall examine the flags indicated by the Users and decide in its sole discretion and on a case-by-case basis whether or not to take down the listing or event from the Platform. In the case that Users disagree with the final decision, they may resort to one of the out-of-court dispute settlement bodies certified by the applicable Digital Services Coordinator. However, the certified out-of court dispute settlement body shall not have the power to impose a binding decision on Ticombo. Moreover, Ticombo may refuse to engage with such out-of court dispute settlement if a dispute has already been resolved concerning the same information and the same grounds of alleged illegality or incompatibility of content.

Trusted flaggers (as listed by the European Commission) may utilize the flagging system or contact us at the following email address:

• flagging@ticombo.com

Please note that this contact point for trusted flaggers shall become operational on 17 February 2024.

Sec. 5 Data Protection & Privacy

Ticombo has put in place a Privacy Policy and a Cookie Policy through which Users are comprehensively informed about the type, extent, place and purpose of the collection, processing and use by Ticombo of the personal data required for the registration for the Platform as well as the cookies that Ticombo uses on the Platform.

Within the framework of their registration on the Platform, the Users have the option to consent to the receipt of newsletters regarding current trends, developments and offers of Ticombo. Such consent may be withdrawn vis-à-vis Ticombo at any time with effect for the future.

Sec. 6 Term, Termination, Exclusion of Users

The contractual relationship between Ticombo and the User commences upon activation of the user account.

The User’s relationship is unlimited in time and can be terminated by either party to take effect at the end of the calendar month at any time in written form observing a notice period of one month. The termination of the user relationship with Ticombo shall not affect the contracts concluded between the Users via the Platform.

After the termination, the User will no longer have access to his/her account and the data stored therein. The Users' rights pursuant to the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and/or the EU General Data Protection Regulation (in particular regarding information) remain unaffected.

Each party remains entitled to terminate the contract without notice for an important reason (außerordentlich aus wichtigem Grund).

In case of a breach of these Terms of Use, of statutory provisions or of third-party rights, Ticombo shall be entitled to take adequate steps to end the breach or to remove its consequences, such as to immediately block individual content or Users (temporarily or permanently) or to change or remove content. Such measures may also take the form of warnings, suspensions of use or termination of the participation in the Platform and/or denial of access to the Platform. The respective User's legitimate interests, in particular whether and to which extent the User is responsible for the breach, will be fully taken into account by Ticombo.

Sec. 7 No Guarantee of the Platform's Correctness and Availability

Ticombo does not make any guarantee that the Platform will always be available. The User will be able to access the Platform on an “as is” and “as available” basis.

Furthermore, Ticombo makes no warranty and will not assume any responsibility for the correctness or completeness of the statements made and the information posted by the Users; in particular, Ticombo does not check the correctness and completeness of the data and information provided by the Users with respect to the Events and the respective tickets. Ticombo does not guarantee that a User will be able to post a ticket for resale after acquiring it on the site.

Users, and, in particular, Buyers, are encouraged to follow the press and other media in respect to the Event in order to learn of any date changes or cancellations in due time.

Sec. 8 Liability

Claims for damages by Users against Ticombo are generally excluded. However, this exclusion does not apply to claims by Users for damages caused by a breach of statutory duties arising from:

• Injury to life, body, or health,
• Breach of significant contractual obligations (cardinal duties),
• Other damages resulting from a violation caused by intentional or grossly negligent acts of Ticombo.

Significant contractual obligations refer to obligations necessary for achieving the contract's purpose. In cases of violation of such obligations, Ticombo's liability is limited to foreseeable damages typically associated with the contract under instances of simple negligence, unless the User claims damages related to life, body, or health.

Moreover, to the maximum extent permissible by law, Ticombo (including its service providers and licensors) is not liable for:

• Special, indirect, or consequential damages,
• Loss of profits, goodwill, reputation, or other intangible losses,
• Damages related to User's access, inability to access, or use of the Site or Services,
• Harmful software acquired from the Site, Services, or linked sources,
• User-generated content or third-party content,
• Duration or presentation of listed tickets on the Site or Services.

Furthermore, to the extent permissible by the applicable law, and unless explicitly stated under these Terms, Ticombo’s liability to the User or any third party shall be limited to the higher of (i) the disputed fees’ amount, not exceeding the total fees paid to Ticombo in the preceding 12 months before the liable action; or (ii) €500.

The limitations and exclusions stated in this Section also extend to the Company's legal representatives and agents in case claims are directly made against them.

The provisions of the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) remain unaffected by the aforementioned.

Sec. 9 Indemnification Clause

The Users shall hold harmless and indemnify Ticombo against any claims asserted by other Users or other third parties against Ticombo regarding infringements of their rights with respect to the tickets they offered on the Platform and other content posted on the Platform by the breaching User (e.g. breaches of duties to provide information in the context of distance selling). This shall not apply if the User is not responsible, in the sense of a negligent or intentional behaviour, for the infringement. Should claims be asserted by third parties, the User is obliged to immediately provide Ticombo with the correct and complete information required to assess the claims and to defend against them.

Sec. 10 Notices and Contact

Ticombo remains at the disposal of its Users, event organizers and all public authorities. Therefore, it has set the following channels for direct communication:

• For Users and any third party who may wish to contact us with regards to listings, orders, fraud prevention, tickets, customer support, and any other issue concerning usage of the platform, please contact us at:
  • support@ticombo.com
• For public authorities and organizers who may wish to contact us with regards to any legal matters, please contact us at:
  • legal@ticombo.com
• For any matters regarding our collection and processing of personal data, please contact us at:
  • privacy@ticombo.com

Sec. 11 Final Provisions

The relationship between Ticombo and the Users shall be governed by German law. If the User is a consumer in the sense of § 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), this choice of law clause applies subject to the mandatory provisions in the member state where the User has his/her habitual residence, in particular in the field of consumer protection law.

For some specific Events, Users might not be able to buy or sell tickets if they are resident or are currently staying in certain countries due to legal restrictions in those jurisdictions. The User will in these cases be asked for his or her address and needs to confirm domicile and current whereabouts.

If the User operates a commercial business ("Kaufmann" within the meaning of Sec. 1 (1) of the German Commercial Code (Handelsgesetzbuch, HGB)) or if the User is a legal entity under public law or a special fund organised under public law, the courts of Berlin shall have jurisdiction in respect of all disputes arising out of the relationship between Ticombo and the User.

If any provision of these Terms of Use or a provision within the framework of any other agreement is or becomes invalid, this shall not affect the validity of the other provisions or agreements.

Ticombo is neither obliged nor prepared to participate in any dispute resolution proceedings before a consumer conciliation board.

The User is obliged to not disclose or publish statements, information on transactions, information on claims from Buyers, or information on disputes with Buyers or Sellers that might harm the reputation of Ticombo in any way. This might be online or social media statements open for public or for a substantial number of people. This includes defamatory statements, untrue and/or incorrect statements or information. Ticombo may unilaterally decide penalties for spreading such information, or false or incorrect statements, and withhold this from any outstanding payments due, until resolved or removed. Ticombo may also ask for a signed undertaking that such statements or information shall not be published or spread to others in the future before releasing withheld funds.

You can access the platform of the EU Commission for online dispute resolution at: www.ec.europa.eu/consumers/odr.

Sec. 12 Payment Processing Partners

Ticombo hereby informs the Users that it has entered into agreements with third-party financial entities to facilitate transactions and process payments on the Platform. These entities are independent to Ticombo.

The use of their services by any User is subject to their own terms and conditions:

• Stripe: https://stripe.com/en-de/legal/consumer
• Mangopay: https://mangopay.com/terms-and-conditions/payment-services

2. Special Conditions for Sellers

The following conditions shall only apply to Sellers.

Sec. 1 Listing and Concluding the Sale of Tickets

Ticombo is entitled and may be legally required to impose sales price caps or other restrictions for Events and/or Seller based or domiciled in specific locations. The Seller will receive information regarding which Events are affected by such caps or restrictions on the Platform during the selling process or by notification or email.

Tickets for Events which violate statutory provisions, or which breach common decency must not be offered on the Platform. Other restrictions (e.g., tickets for non-adjacent seats; seats directly behind each other) will be displayed to the Seller in due course during the selling process.

The posting of a ticket on the Platform constitutes a binding offer for the conclusion of a contract between the Seller and the potential Buyer to acquire the tickets at the price determined by the Seller or offer accepted by the Seller. The Seller will remain bound by his/her offer up until the date of the Event. A change (e.g., of the sales price) or withdrawal of offers posted by the Seller is possible via the Platform and any withdrawal or change will only take effect upon time of such withdrawal or change. Should the Seller be unable to withdraw or change the listing because of any reason (i.e., website errors or network issues), he/she is obliged to inform Ticombo without any undue delay by email or via the online chat system.

A purchase contract regarding tickets is also concluded if the Seller accepts a proposal of the Buyer via the Platform for the ticket already posted by the Seller, within the timeframe set by the Buyer for the proposal.

Should the Seller realise after a purchase was concluded that the offer contained an obvious error (mistake in the expression or content), he/she may, without prejudice to his/her statutory rights, send a written request to Ticombo to correct or delete the purchase, stating the reasons for such request. Unless granted by a statutory right, the Seller has no entitlement to have the respective purchase changed or deleted.

Ticombo hereby advises Sellers that they may become liable to pay damages and penalties to Buyers and Ticombo if a contract is not duly performed. Any such damages shall be calculated solely by Ticombo and might also include damages to Ticombo, as well as costs related to the resolution of the matter. Minimum damages to be compensated by the Seller, shall, in any case, equal 100 % of the sale price for the sold tickets and shall include any delivery fees and Ticombo fees. In certain cases, damages and penalties may exceed 100% of the sale price and may reach up to 300% of the sale price. This might be the case in the event that market prices are highly volatile, forcing Ticombo or the Buyer to pay substantially more to replace the original tickets.

Ticombo shall evaluate such instances utilizing past market data and shall apprise the Seller in the event that it considers the concurrence of such circumstances. Ticombo shall afford the Seller an opportunity to provide input prior to reaching a final decision.

Sec. 2 Seller’s Warranties and Representations

Upon posting an offer on the Platform, the Seller guarantees that he/she is entitled to sell and to transfer the posted tickets to the Buyer. In particular, the Seller guarantees that the sale is not subject to statutory restrictions, or any restrictions imposed by the organiser of the Event and that the Seller is entitled to transmit the tickets on the secondary market. Moreover, the Seller shall warrant that all relevant information, concessions, or limitations necessary for the Buyer to take a qualified purchase decision are duly specified in the listing. If the tickets are also offered for sale on other websites and are no longer available due to a sale on a third-party platform, the tickets must immediately be deleted from the Platform. Ticombo hereby advises Sellers that they may become liable to pay damages to Buyers and/or Ticombo.

By posting an offer on the Platform, the Seller warrants and represents that he/she has not used any automated bots, false information, misuse of someone else's identity or any other illicit means in order to buy the tickets offered from the organizer or another reseller. Tickets for some Events might not be legally offered from some countries and/or in some currencies. Restrictions will be displayed in the Sell process and adherence to this needs to be confirmed before submitting a listing. Violation of this will result in a permanent ban from the platform.

The Seller represents and warrants that the Event data and information provided in the offer (e.g. age restrictions) and on the tickets is correct and complete, in particular with respect to the original price, date, area, row, seat and category (e.g. restricted view, potentially restricted view, space for a wheelchair, wheelchair bay, wheelchair access) of the ticket. If tickets are for special fans for a team, this must be added in the concessions. The Seller shall also provide the Buyer with all information, data, and documents (including any general terms and conditions of the Event's organiser) regarding the Event. Furthermore, any information regarding the tickets and the characteristics of the tickets must be provided in an objective fashion. Subjective comments and assessments ("premium view", "best category") shall be avoided, unless specifically named by the organizer of the Event.

Upon registering and posting tickets, commercial Sellers undertake to comply with all consumer protection provisions including pre-contractual information duties and the instruction on a right of revocation which the Buyer may have. The Seller may use the free text field during the creation of the offer for this purpose. In addition, the Seller may specify specific terms for its listing. The specific terms of the listing cannot conflict with these Terms, and in case of conflict, these Terms shall prevail. Ticombo may suspend or delete offers of the Seller if Ticombo receives notice of unlawful behaviour of the Seller, in particular with regards to the Seller’s compliance with consumer protection rules.

Sec. 3 Modification of the Listing

The Seller grants Ticombo authorization to modify a listing if the Category, Section and/or Concessions in the case that it does not correspond to the optimal information structure for the listing page on Ticombo and/or not added correctly by the Seller. Ticombo may aid the Seller to modify any prices or settings of the listing and shall inform Sellers of any applicable price caps. Seller will receive information by email if a listing has been modified by Ticombo. It is the Seller’s obligation to check the modified listing and, if necessary, pause/delete the listing in the event that it does not correspond to the correct characteristics of the tickets.The Seller may also contact Ticombo if changes to a ticket listing are required.

Any change from the Seller in ticket type, category, section, row, or seat needs to be accepted by the Buyer in writing (email) and any such agreement shall be forwarded/uploaded to Ticombo upon fulfillment without undue delay along with information on partial refund if applicable. Ticombo fees will not be refunded.

Should reasonable doubts arise after the posting of a ticket on the Platform regarding its authenticity or the Seller's right to dispose of the ticket, Ticombo shall be entitled to delete the respective offer, upon prior consultation with the Seller where required.

Sec. 4 Seller’s Responsibility and Liability

The Seller shall hold Ticombo harmless of any claims by third parties (including any legal defense cost such as attorney fees) derived from the breach by the Seller of any of the representations contained in Section 2 of the Special Conditions for Sellers. In particular, the Seller shall be liable in the event that he is not entitled to legally sell and transfer the listed tickets to a Buyer. This is in addition to any further compensation deemed appropriate due to damages or harm incurred to Ticombo’s image and reputation.

The Seller is responsible for any chargebacks received via card schemes for reasons of non-delivery, product not as described or similar reasons. Ticombo might withhold funds from the Seller’s account if Ticombo has reason to believe that such a chargeback is likely. Funds can be withheld for up to 120 days from Event date.

Ticombo shall also be entitled to withhold funds in the event that it has reasonable grounds to believe that the Seller is involved in fraud or other illegal activities. Ticombo shall, in this case ask for verification details and/or further information from the Seller.

Ticombo shall have the right, due to privacy and contractual obligations towards third parties, i.e., financial partners, not to disclose details of specific grounds for withholding funds other than referring to sections above.

It is the Seller`s responsibility to always have a 0 or positive balance with Ticombo or our partner Stripe (see Sec. 2). In case the account becomes overdrawn and is in minus, it is the Seller`s obligation to adjust the balance at the latest within 14 days. Any credit accepted by Ticombo as part of its Trusted Seller program, will not be counted as negative balance before due according to agreement.

The Seller authorizes Ticombo to debit any account or card registered on the Seller on the Platform. In the event that Ticombo is unable to debit the Seller’s account or card, it shall issue an invoice to the Seller which shall be paid within thirty (30) natural days upon receipt. Ticombo shall be entitled to charge interest on the outstanding amount at a rate of 1% per day, accruing daily from the due date of payment until the outstanding amount is fully settled.

Contractual relationships with respect to the purchase of the tickets will exclusively arise between the respective Seller and the Buyer who accepted the offer.

In order to protect both the Buyer and the Platform, Ticombo shall have the right to impose fines and penalties in the event that a Seller breaches the Terms of use contained herein. In particular, Ticombo shall have the right to impose a penalty of 100% of the sale price if the Seller fails to deliver the tickets to the Buyer or has delivered tickets which were invalid or fraudulent. In the event that Ticombo, at its own discretion, considers that the Seller acted in bad faith, the penalty applicable may rise up to 300%. Ticombo’s ability to impose fines shall only be limited by statutory restrictions and shall evaluate the adequacy and amount to be fined on a case-by-case basis.

Sec. 5 Payment Processing Seller Account and Seller Checks

Ticombo utilizes the services of financial partners to process the payments and funds of transactions occurring on the Platform, as well as to comply with its KYC and KYB obligations.

Stripe Payments Europe Ltd. ("Stripe") is one of the main providers payment services for Sellers on the Platform. These are subject to the Stripe Connected Account Agreement which includes the Stripe Terms of Service (hereinafter collectively referred to as "Stripe Agreements"). You can access the Stripe Agreements here.

The payment services are described in the Stripe Services Agreement or terms of any other payment processing partner and in particular include the creation of a Seller account ("Seller Account") which can be used for payments, return debits (e.g. in case of credit card fraud by the Buyer or in the context of the Buyer protection programme "TicProtect") and refunds within the framework of the Platform use. Please refer to the Seller FAQs for further details regarding payment processing.

Sellers can only be admitted to the Platform and create a Seller Account if they accept the "Stripe Agreements" within the framework of the registration process. Sellers undertake not to name any other account for Buyers to transfer payment than to the Seller Account.

As a precondition to be able to use the Stripe or other payment services, it is necessary that (i) Sellers provide Ticombo with full and complete information regarding themselves and, where applicable, their business and (ii) that such information (including information on transactions in connection with the use of the payment services offered by the payment processing partner) is processed by Ticombo pursuant to these Terms of Use and the terms of use of the payment processing partner.

Ticombo is entitled to inform Stripe or other financial partner about any obvious cases of fraud (e.g., in case of credit card fraud). This may result in payments being transferred back from the Seller Account.

Ticombo shall be entitled to use the services of any other payment processing partner with which it has an agreement and request that the Seller’s funds are also processed through this other payment processing partner. The Seller shall not have the right to unilaterally modify any concluded agreements with the Buyer refuse delivery of the relevant tickets for any reason, including for Ticombo’s choice of payment processing partner.

In certain cases, the Seller shall use an Intermediary Account. The use and transfer of funds from these Intermediary Accounts constitutes a higher cost to Ticombo. Therefore, in these cases, the Seller shall only be allowed to request payouts of two hundred euros (200€) or more. Lower payouts shall only be allowed in exceptional cases, such as the when the full amount available is lower than 200 EUR or the closure of the Seller’s account with Ticombo. In any case, the payout authorization for amounts under two hundred euros (200€), remains at the sole discretion of Ticombo

The Seller shall also be obligated to provide all necessary documents and information of Ticombo to perform the necessary KYC and KYB checks as required by applicable regulatory requirements, whether these checks are performed and processed by Ticombo itself or by one of its partners such as Sumsub.

Sec. 6 Payment to the Seller, Violation of Duties of the Seller

Prior to the expiry of the payment period pursuant to paragraph (2) or in case of paragraph (3) of this Section, the Seller is not entitled to request payments of purchase prices from the payment processing partner or Ticombo which were credited to the Seller Account. In case of a valid withdrawal of the Buyer from the purchase contract (e.g. in case of non-delivery of the tickets or in case of wrong or invalid tickets) and/or in cases in which the TicProtect procedure was initiated and completed to the detriment of the Seller), the Seller hereby already agrees to a reimbursement of the purchase price (including charges, shipment costs and/or damages) from the Seller Account to the Buyer and/or Ticombo.

The purchase price (ticket price plus shipment fee to be reimbursed, if any) credited to the Seller Account will be paid to the reference account upon request from the Seller via the Ticombo User admin panel and made available within five (5) to eight (8) business days after the end of the Event unless the Buyer has initiated the Ticprotect procedure.

The Buyer may initiate the TicProtect procedure for the ticket concerned and/or validly declared a withdrawal, e.g. because (i) the Seller failed to ship the ticket in due time, (ii) the ticket does not correspond to the ticket ordered and the Seller cannot deliver the ticket ordered in due time or not at all or (iii) the ticket is invalid.

However, in these cases the payment amount will be immediately released to the Seller if (i) the matter is resolved in favour of the Seller; or if (ii) the procedure concerns the lack of delivery of the tickets and the shipment or delivery of the ticket(s) is registered within Ticombo.

Ticombo shall resolve the matter without any undue delay if (i) the payment provider of the Buyer has effectuated a chargeback of the payment; or (ii) the Event has been definitely cancelled due to incidents, i.e., the non-appearance of the person or group(s) of persons or unforeseeable causes like natural disasters, wars, uprisings, nuclear explosion, pandemic or terrorism.

The request for payout to bank accounts from the Seller’s profile normally takes between two (2) to ten (10) days to be approved and a further five (5) to ten (10) days to reach the Seller’s bank account. However, this might take longer to process in case of high traffic or other unforeseen circumstances. For accounts outside of Europe or for Sellers outside of Europe or UK, processing payouts might take substantially longer during and after big tournaments.

Ticombo is entitled to declare a withdrawal from the purchase contract in the name and on behalf of the Buyer if the statutory preconditions or the preconditions under these Terms of Use exist. In the context of the withdrawal, the Seller, if he/she is responsible in this respect, is obliged to reimburse any shipment costs and charges incurred; these costs and charges will be debited from the Seller Account or set off against any balances from other ticket sales. Tickets already received by the Buyer must be returned to the Seller at the Seller's expense unless such tickets are counterfeit. Any claims for payment of the purchase price shall lapse.

In case the Event has been cancelled and the Seller requires the tickets to receive the purchase price from the organizer or promotor, he/she shall immediately notify the Buyer and Ticombo’s customer service without any undue delay after the Event has been cancelled.

In individual cases and upon request of the Seller, Ticombo may reimburse the Seller for the purchase price without acknowledgement of any legal obligation, e.g. in case of credit card fraud by the Buyer (and a related return debit of the Seller Account).

The Seller should not take direct contact with the Buyer via email, phone, or social media to do deals outside of the Platform. This will result in being blocked from the Platform and Ticombo might withhold funds.

Sec. 7 Ticket Delivery Information

The Seller can use the shipment options offered on the Platform.

As proof of shipment, the Seller is obliged to keep the shipment tracking number and to provide the Buyer and Ticombo with this number upon request up to 6 months after the Event. The information regarding the shipment of sold tickets should also be added in the administration section of the Seller`s Ticombo account. In case of delivery of mobile tickets directly sent to the Buyer, documentation of relevant information or download links should be kept as proof.

Ticombo may, for Events considered to be high profiled (at Ticombo’s discretion), require Sellers to provide proof of delivery (“POD”) due to increased risk of fraud. For such Events, delivery shall not be considered fulfilled unless such POD is uploaded to the Platform. This can be confirmed delivery from courier company, screenshot of delivery confirmation and/or signed undertaking from Buyer of delivery. Attempted delivery will not suffice as fulfilment of order and proof of delivery.

If the tickets are delivered in person, the Seller shall only deliver directly to the Buyer or to a person duly authorized to receive the tickets on behalf of the Buyer. The Seller is obliged to check that the Buyer`s identity is correct and obtain a signature (and Authorization with ID) confirming the receipt of ticket(s) It is the Seller`s responsibility to prove that the Buyer received the ticket(s) in case of a dispute.

When posting an offer, the Seller must provide information as to whether he/she is in possession of the ticket yet or not. In case of tickets which are not yet in the possession of the Seller, in-Hand date shall shall be indicated. The in-Hand date shall mean the date on which the Seller receives or is expected to receive the tickets. If the in-Hand date and time is later changed, the Seller is obliged to update it for the listing. The in-Hand date and time cannot be later than latest delivery time. Latest in-Hand date and time can be set by Ticombo at any time for certain Events and tournament based on publicly known details. Ticombo will notify Seller if such change was made for a specific listing.

The Buyer and Seller can mutually agree to cancel the full order or part of any order and to refund the full amount (not incl. Ticombo fees) or part of the amount. Any such refund can be initiated by the Seller according to the mutual agreement.

The indicated latest delivery time is relevant for the purchase contract with the Buyer. The Seller bears the risk of the tickets not being received in due time, unless the Buyer is clearly responsible for the nonreceipt or delayed receipt. Any failure by the courier company to deliver in time is the Seller`s responsibility unless the Buyer refuses delivery. In case of courier shipment close to latest delivery time, the Seller shall ensure tickets will arrive in time to the Buyer’s address. If necessary, the Seller shall contact the Buyer to obtain information on any travel plans, especially if the Event takes place in another city than the Buyer`s registered delivery address.

Ticombo shall notify the Seller as soon as the purchase price has been credited to the Seller Account. In addition, in the context of the aforementioned notification, the Seller will be requested to ship or deliver the tickets within the period promised in the offer and according to latest delivery times.

Sec. 8 Miscellaneous

In the case that the Event is postponed to another date or takes place at another venue (including the rescheduling of a cancelled Event), the purchase is still binding as long as ticket(s) are valid for the new date and or venue. In such cases the Seller, upon request, must give proof that the original tickets are no longer valid and that there was no option to opt for this with the organizer of the Event.

If Tickets sold are personalized by the organizer, it's the Sellers responsibility to make sure that that correct details are added to the tickets if the Buyer cannot do this. If the information is not supplied by the Buyer, it is the Seller’s responsibility to request information needed. It is also the Seller’s responsibility to assist in any changes if this is possible with the Event Organizer.

Ticombo shares details of Buyer and Seller after Purchase. In particular, Ticombo is legally obliged to share identification details of the Seller to the Buyer, including, but not limited to the Seller’s name and address.

The Seller confirms that he will not conduct transactions with the Buyer outside of the platform and acknowledges that doing so could cause Ticombo to take legal action against the Seller.

3. Special Conditions for Buyers

The following conditions shall only apply to Buyers.

Sec. 1 Conclusion of Contract

The posting of a ticket for an Event on the Platform constitutes a binding offer for the conclusion of a contract between the Seller and the Buyer to buy the tickets at the price determined or accepted by the Seller.

A contract between the Seller and the Buyer regarding the purchase of the tickets shall be deemed concluded upon acceptance of the offer by the Buyer. The Buyer accepts the binding offer by placing the order via the “Buy now” button on the Platform.

A contract between the Seller and the Buyer regarding the purchase of the tickets shall also be deemed concluded if the Buyer submits a binding counteroffer for the ticket to the Seller via the Platform function and if the Seller accepts this offer within the offer deadline after receipt of the counteroffer.

Prior to submitting the binding counteroffer, the Buyer must provide his/her payment data for the processing of the purchase contract. However, the Buyer shall not be charged for the offer made unless the Seller accepts such offered price for the relevant ticket(s)Prior to submitting the order, the Buyer has the possibility to recognise and correct incorrect entries.

After the conclusion of the contract, a change or withdrawal of the acceptance by the Buyer shall not be possible.

The Buyer has no statutory right of revocation with respect to the purchase of tickets if a specific date or period is scheduled for the Event (Sec. 312g para. 2 no. 9 of the German Civil Code (Bürgerliches Gesetzbuch, BGB)) or if the Seller is a consumer within the meaning of Sec. 13 BGB.

The Buyer of a ticket is not entitled to assert any claims vis-à-vis Ticombo or Stripe pursuant to Section 3 of the Special Conditions for Sellers.

Sec. 2 Price, Charges and Payment Methods

The Total Price consists of (i) the price of the tickets ("Sales Price"), (ii) the Ticombo electronic service fee (amount depends on the type of the Event, type of ticket or venue of the Event), (iii) shipment and delivery costs, if any, and (iv) the charge/fee to be paid for the use of a specific means of payment ("Total Price"). The Total Price includes any applicable VAT.

The Buyer is obliged to pay the Total Price if a contract has been concluded (cf. Sec. 1 Conclusion of Contract). Total price means the total price including any platform fees, delivery fees or any other fees. The Seller shall define the sale price in the currency of his/her choice. The charged amount shall be in this currency and the Buyer acknowledges that there might be a difference in currency exchange rate used by his/her bank, should the Buyer use a different currency. Ticombo will notify the Buyer of this if applicable in the checkout page.

The payment of the Total Price is due upon conclusion of the contract and is effected by debiting the Buyer's credit card, debit card, direct debit or other payment services after the conclusion of the contract, or by the payment methods indicated on the Platform. The available means of payment are "Sofortüberweisung" (immediate money transfer service), Visa, MasterCard, Amex, Alipay, IDeal, Bancontact and Giro Pay. Payment methods may be modified without updating of these terms.

Sec. 3 Withdrawal from the Purchase Contract, TicProtect

Without prejudice to his/her other statutory rights, the Buyer is entitled to withdraw from the purchase contract regarding the ticket without a requirement to observe a notice period if:

1. he/she has not received the ticket(s) and the ticket(s) have not been sent by the indicated latest delivery time, as long as the Buyer notified Ticombo of such failure and was given reasonable time to investigate the case, and unless the Seller agreed upon a different delivery time with the Buyer or the Buyer is responsible for the non-receipt or delayed receipt;
2. the ticket(s) do(es) not correspond or are equal to the ticket ordered and the Seller cannot deliver the ticket ordered in due time or not at all; or
3. the ticket is invalid and does not entitle the Buyer to attend the Event.

The Buyer can assert his/her rights via the TicProtect programme as follows:

Sec. 4 Insurance of Purchase via Protect Group are governed exclusively by these terms

4. Delivery Rules

When posting an offer, it shall be stated whether the Seller is in possession of the ticket yet or not. In case of tickets which are not yet in the possession of the Seller, in hand date must be indicated. The latest delivery times are based on the in-hand date, express delivery option and start time of the relevant Event.

The Seller shall be obliged to abide by the latest delivery times, except in the event that the Seller has not received the tickets yet solely due to the organizer’s delay, and only if this delay cannot be attributed to the Seller. In case that the Seller fails to deliver the tickets in accordance to the following delivery rules, the Buyer shall be entitled to terminate the agreement and freely withdraw from the purchase.

If the Seller fails to ship or deliver the tickets by the latest delivery time, the Buyer (without prejudice to his/her statutory rights) shall have the right to withdraw from the purchase contract unless the Buyer has agreed with the Seller on a different delivery time or the Buyer has caused the non-delivery or non-timely delivery.

In the event that the Buyer receives the tickets after the latest delivery time and having given notice of its intent to terminate the Agreement, the Buyer shall be obliged to not use the tickets received, prevent the use by a third party and, insofar possible, return the tickets to the Seller.

The latest delivery times subject to the selected delivery options by the Buyer are as follows:

1. E-tickets in possession of the Seller (uploaded) – Link will be sent immediately from our system. The delivery shall be immediate.
2. E-tickets in possession of the Seller (not uploaded) *
   1. If sold 3 days or more before the event, the latest delivery time shall be within 3 days after sale. In any case, this shall be at least 2 days before the event.
   2. If sold 1-2 days before the event, the latest delivery time shall be 24 hours after sale. In any case, this shall be at least 3 hours before the event.
   3. If sold 23 hours or less hours before the event, the latest delivery time shall be at least 3 hours before the event.
   4. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
3. E-tickets not in possession of the Seller**
   1. If sold 3 days or more before the event, the latest delivery date is within 3 days after in-hand date. In any case, this shall be at least 2 days before the event.
   2. If sold 1-2 days before the event, the latest delivery time shall be 24 hours after sale. In any case, this shall be at least 3 hours before the event.
   3. If sold 23 hours or less hours before the event, the latest delivery time shall be within 3 hours after sale.
   4. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
   5. For events releasing tickets too close to the event date, sellers can select in hand date even on the same day as the event:
      1. If sold 24 hours or more before the event, the latest delivery time shall be at least 3 hours before the event.
      2. If sold 23 hours or less hours before the event, the latest delivery time shall be within 3 hours after sale.
      3. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
4. Mobile tickets in possession of the Seller*
   1. If sold 3 days or more before the event, the latest delivery time shall be within 3 days after sale. In any case, this shall be at least 2 days before the event.
   2. If sold 1-2 days before the event, the latest delivery time shall be 24 hours after sale. In any case this shall be at least 3 hours before the event.
   3. If sold 23 hours or less hours before the event, the latest delivery time shall be at least 3 hours before the event.
   4. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
5. Mobile tickets not in possession of the Seller**
   1. If sold 3 days or more before the event, the latest delivery date is max 3 days after in Hand date or 2 days before the event. In any case, this shall be at least 2 days before the event.
   2. If sold 1-2 days before the event, the latest delivery time shall be 24 hours after sale. In any case this shall be at least 3 hours before the event.
   3. If sold 23 hours or less hours before the event, the latest delivery time shall be at least 3 hours before the event.
   4. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
   5. For events releasing tickets too close to the event date, sellers can select in hand date event on the same day as the event.
      1. If sold 6 hours or more before hours before the event, the latest delivery time shall be at least 3 hours before the event.
      2. If sold less than 6 hours before the event, the latest delivery time shall be within 30 minutes after sale.
6. Physical ticket in possession of the Seller (international courier) * – The latest shipment time shall be 5 days after sale, and, in any case, at the latest 7 days before the Event.
   1. International Courier is disabled 12 days before event as del. Option.
7. Physical ticket not in possession of the Seller (international courier) ** – The latest shipment time shall be 7 days before the Event or 5 days after in-hand date. In any case, delivery shall be at least 7 days before the Event.
   1. International Courier is disabled 12 days before the Event as del. option.
8. Physical ticket in possession of the Seller (national courier)* – The latest shipment time shall be 3 days after sale, and, in any case, at the latest 3 days before the Event.
   1. National Courier is disabled 4 days before the Event as del. option.
9. Physical ticket not in possession of the Seller (national courier) ** – The latest shipment time shall be 3 days before the Event or 3 days after in-hand date. In any case, delivery shall be at least 3 days before the Event.
   1. National Courier is disabled 4 days before the Event.
10. Local delivery – The latest delivery time shall be at 24:00 of the day before the Event (local time) or minimum 9 hours before the event.
    1. Local Delivery is disabled at 15:00 the day before the Event (local time).
11. Pick up*
    1. If sold more than 4 hours before event, latest delivery time shall be 2 hours before the Event.
    2. If sold less than 4 hours before the Event, latest delivery shall be 1 hour before the Event.
    3. If sold less than 1.5 hour before Event, latest delivery shall be 30 min after the sale.
12. Exceptions for tickets late release of tickets by the organizer***
    1. E-tickets
       1. If sold 1 day or more before the Event, the latest delivery shall be 3 hours before the Event.
       2. If 23 hours or less hours before the Event, the latest delivery shall be within 3 hours from sale.
       3. If sold 6 hours or less before the Event, the latest delivery shall be within 30 minutes from sale.
    2. Mobile tickets
       1. If sold more than 6 hours before the Event, the latest delivery shall be 3 hours before the Event.
       2. If sold 6 hours or less before the Event, the latest delivery shall be within 30 minutes from sale.

*For tickets that are in possession and express delivery is provided the latest delivery/shipment information will be in accordance with the express delivery option

** For tickets that are not in possession of the Seller at the moment of the sale, in-hand date means the date on which the Seller receives or is expected to receive the tickets. Ticombo can set/modify the in-hand date of an order/listing to a specific date based on publicly available information from organizer and/or other reputable information. This will change the latest delivery time as specified in the above rules.

***For tickets that are not in possession of the Seller at the moment of the sale and for which the organizer has delayed the release of the tickets or when the release date set by the organizer of the Event makes it impossible for the Seller to abide by the 1-11 Latest Delivery Rules.