General Terms and Conditions for Ticket Buyers

1. Scope of Application

(1) These general terms and conditions (GTC) apply to the relationship between us, NIGHTOWL UG (limited liability), Max-Eyth-Straße 20, 70839 Gerlingen (hereinafter “we” or “Nightowl”), and customers and ticket buyers on the Nightowl platform (hereinafter also “ticket buyer”) in accordance with the contract concluded between us and the ticket buyer.

(2) These GTC can be requested at any time by the ticket buyer via email at [email protected] or in writing. The GTC can also be accessed on our website.

(3) Only these GTC apply to contracts between us and the ticket buyer. Deviating provisions or regulations of the ticket buyer are hereby expressly rejected. Deviating provisions or regulations of the ticket buyer shall not apply even if we do not individually expressly object to them.

(4) In the event of concluding a contract for the purchase of tickets for events, a contract for participation in the event is concluded exclusively with the respective organizer. The organizer’s GTC may additionally apply to the respective contract between the ticket buyer and the organizer. In case of contradictions between the organizer’s GTC and Nightowl’s GTC, Nightowl’s GTC shall take precedence.

2. Subject Matter of the Contract – Conclusion of Contract – Ticket Purchase

(1) The subject of the contract is the use of the Nightowl platform on the websites www.nightowl.app and www.nightowl-app.com and their associated subdomains, as well as the purchase of tickets for events organized by various organizers via the platform.

(2) The use of the platform and ticket purchase are possible for ticket buyers without registration.

(3) The ticket purchase option displayed on the Nightowl platform constitutes a binding offer to conclude a contract between the organizer and the ticket buyer for the purchase of tickets. A contract for the purchase of tickets and participation in an event is concluded after selecting the event, ticket quantity, and entering shipping and payment details as soon as the ticket buyer clicks the “complete purchase” button.

(4) A contract for the purchase of tickets and participation in the corresponding event is concluded exclusively between the customer and the ticket buyer. Nightowl is merely an intermediary and does not become a contracting party.

(5) The data provided by the ticket buyer during the order process, the ticket buyer’s IP address, and order details are stored by us after the order is submitted. Details can be found in our Privacy Policy.

3. Fees

(1) All fees include statutory VAT. The total price for a ticket may differ from the printed or displayed ticket price, as this ticket price is determined by the organizer. The total price consists of the ticket price, the service fee according to para. (2), and any applicable shipping costs. The individual fees and total price are displayed to the ticket buyer before completing the order.

(2) For providing the online portal, booking and contact options, ticket provision and shipping, as well as all other services related to ticket sales, Nightowl charges a service fee in the amount displayed during the ordering process. The amount of the transaction fee is determined according to the applicable fee schedule. This can be accessed at the following link: Fee Schedule for Ticket Buyers.

(3) The ticket buyer can only pay via ApplePay, GooglePay, Klarna, Paypal, Amazon Pay, or Revolut Pay through the payment service provider Stripe. Payment is possible without registration with the payment service provider. Other payment methods are not offered and will be rejected. However, Nightowl is entitled to offer additional payment methods.

(4) The invoice is sent together with the ticket to the email address provided by the ticket buyer.

(5) The statutory provisions regarding the consequences of payment default apply.

(6) The ticket buyer only has offsetting rights if their counterclaims have been legally established, are undisputed, or recognized by Nightowl, or if their counterclaim is based on the same contractual relationship as Nightowl’s main claim.

(7) For contracts with consumers, Nightowl reserves ownership of the purchased item until full payment of the purchase price. If the ticket buyer is a business, ownership of the goods is reserved until all claims against the ticket buyer have been fulfilled, even if the specific goods have already been paid for.

4. Ticket Delivery

(1) Nightowl sends the tickets in the form of a QR code digitally via email to the email address provided by the ticket buyer. If another shipping method is offered by Nightowl during the ordering process and selected by the ticket buyer, delivery will be made via the shipping method selected by the ticket buyer.

(2) The ticket buyer is obliged to provide all information in our input forms, particularly regarding shipping data, truthfully and correctly. Nightowl is not liable for failed ticket delivery due to incorrect information provided during the order.

5. Cancellations

(1) Tickets cannot be canceled by the ticket buyer. Only non-personalized tickets can be resold or transferred.

(2) However, Nightowl and the organizer are entitled to cancel an order (unilateral right of withdrawal) if the ticket buyer does not meet the requirements for the event communicated during the ordering process, violates Nightowl’s or the organizer’s GTC, or attempts to circumvent such conditions or requirements. Regarding the effects of withdrawal, the statutory provisions apply, excluding § 350 BGB (expiration of the right of withdrawal after setting a deadline).

(3) NIGHTOWL refunds the ticket price if you additionally purchased an optional refund guarantee (“Refund Promise”) from NIGHTOWL when acquiring your tickets and the reason why you cannot attend a booked event falls under the conditions of the refund guarantee (“Refund Promise”) and is not covered by the respective organizer’s refund or cancellation policies. The refund guarantee (“Refund Promise”) is an optional additional service that NIGHTOWL offers as part of its platform and is administered by TicketPlan on behalf of NIGHTOWL. This is not insurance.

6. Right of Withdrawal

According to § 312g para. 2 sentence 1 no. 9 BGB, there is no right of withdrawal for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, car rental, delivery of food and beverages, and provision of other services related to leisure activities if the contract provides for a specific date or period for provision. Therefore, there is no right of withdrawal when purchasing tickets for events.

7. Obligations of the Ticket Buyer

(1) The ticket buyer must independently ensure that they arrive at the event venue in time for the event. The ticket buyer must ensure they allow sufficient time for any entrance and security checks. Nightowl and the organizer are not liable for the ticket buyer arriving too late at the event venue.

(2) The ticket buyer is prohibited from using the tickets for commercial purposes without prior written consent from the respective organizer. Commercial purposes include in particular the use of tickets for advertising or marketing purposes and ticket resale in the area of the event premises covered by the organizer’s house rules. A violation of the aforementioned obligations entitles the organizer to unilateral termination rights according to § 5 (3) of these GTC.

8. Usage and Marketing Rights

All copyright, usage, or protection rights to the content, representations, logos, photos, graphics, and images on the websites and in other media of Nightowl or the organizer remain with the respective rights holder. The contract with the ticket buyer does not grant them any usage rights to these protected goods.

9. Warranty and Liability – Limitation of Liability

(1) Nightowl is not liable for the accuracy and completeness of the information provided by the organizer on the event page regarding the event. Nightowl is also not liable for the proper execution of the event or for damages that the ticket buyer suffers during or due to an event, as the contract for participation in or attendance at an event through ticket purchase is concluded solely between the ticket buyer and the organizer. In such cases, the ticket buyer must contact their contractual partner, the organizer, directly.

(2) Nightowl’s liability for brief, insignificant, or unavoidable disruptions to the accessibility of the website and event page is excluded. This also applies particularly to disruptions to accessibility due to maintenance work on the website or server structure underlying the service. This maintenance work is regularly performed on Mondays between 3:00 AM and 6:00 AM. These cases do not entitle the ticket buyer to reduction, termination, or assertion of any compensation claims. Liability is also excluded for disruptions based on unauthorized use of the ticket buyer’s access data if the ticket buyer is responsible for the unauthorized use.

(3) Nightowl is otherwise only liable for intent and gross negligence, as well as for damages from injury to life, body, or health based on a culpable breach of duty by Nightowl or by a legal representative or vicarious agent of Nightowl. For damages based on slightly negligent breach of essential contractual obligations attributable to Nightowl, Nightowl is only liable for typical and foreseeable damages. Essential contractual obligations are obligations whose fulfillment enables the proper execution of the contract between the provider and the ticket buyer in the first place and on whose compliance the ticket buyer regularly relies and may rely. Otherwise, there is no liability.

(4) The above limitations of liability also apply to all affiliated companies and to personal liability of employees, staff, agents, shareholders, and vicarious agents of Nightowl and/or affiliated companies.

10. Data Protection and Consent to Data Use

We take the protection of customer and ticket buyer data seriously. A comprehensive explanation of how we collect, store, and process customer and ticket buyer data can be found in our Privacy Policy.

11. Form of Declarations

Legally relevant declarations and notifications that the ticket buyer must make to the provider or a third party require written form.

12. Changes to these GTC

We reserve the right to adapt these General Terms and Conditions in the event of legislative changes, changes in case law, or changes in economic conditions. The ticket buyer will be informed in advance in writing or by email about changes to the terms and conditions. The new General Terms and Conditions become effective from the time the ticket buyer consents to the new GTC in writing, by email, or via our website, or at the latest after a period of 6 (six) weeks after the ticket buyer has been informed about the change to the General Terms and Conditions if the ticket buyer has not objected to the changed conditions within this period.

13. Place of Performance – Choice of Law – Jurisdiction

(1) The statutory provisions on jurisdiction remain unaffected unless otherwise specified in the special provision of paragraph 2.

(2) If the ticket buyer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is our registered office. However, we are also entitled to sue the ticket buyer at their place of residence. In the case of a contract with a consumer, the place of jurisdiction is our registered office if the ticket buyer relocates their residence or habitual residence from the territory of the Federal Republic of Germany after conclusion of the contract. This also applies if the ticket buyer’s residence or habitual residence is not known at the time the lawsuit is filed.

(3) The law of the Federal Republic of Germany applies to contracts according to these general terms and conditions.

14. Dispute Resolution; Implementation of the ODR Directive

(1) This clause loses its validity on July 30, 2025. Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS) that you can find at http://ec.europa.eu/consumers/odr/. The email address is [email protected].

(2) We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.