Terms of service for the customer account
1. SUBJECT, VALIDITY, CONTRACT LANGUAGE
(1) The subject of the following terms of service, which apply to the relationship between you as the user and OPER LEIPZIG Eigenbetrieb der Stadt Leipzig (“Oper Leipzig”), Augustusplatz 12, 04109 Leipzig (phone: +49341-12 61 0; email: email@example.com) as the service provider, is your use of a customer account and the offers available with that customer account.
(2) If the conditions that apply to offers available with the customer account deviate from the following terms of service, this will be expressly indicated in the appropriate place. Those special terms of service will then apply additionally in the individual case.
(3) When concluding the contract, the terms of service are available to the user in German and English.
(4) After concluding the contract, the text of the contract will not be stored by Oper Leipzig and nor will it be accessible to the customer.
(1) The user can request a customer account with Oper Leipzig in various ways, e.g. by email, phone, at the box office or on the Oper Leipzig website. The user contract between Oper Leipzig and the user comes into effect upon confirmation of the creation of a customer account by email, telephone or at the box office.
(2) The following applies to registering on the Oper Leipzig website: by submitting the request to register as a user on the Oper Leipzig website at https://www.oper-leipzig.de/de/, the user requests a registration email from Oper Leipzig. The user contract between Oper Leipzig and the user comes into effect once the link contained in the email has been clicked on.
(3) Unless the user is informed of a charge before registering, registration is free of charge.
(4) All natural persons who are at least 18 years old are entitled to register as users.
(5) The information to be provided by the user to Oper Leipzig for the purpose of registration (in particular their name, address and email address) must be complete and correct. When registering, the user creates a password for their customer account.
(6) The customer’s user account is non-transferable.
3. Using the customer account, duties of the user
(1) A working internet browser is required to use the customer account.
(2) The user is obliged to act with care when using the customer account and its offers, taking into account the particular risks associated with using the internet. In particular, they are bound by the following obligations:
- Logging out from the customer account after each use
- Refraining from making illegal comments, comments that may be punishable under criminal law (e.g. insults), other defamatory comments or comments that violate the terms of service or general terms and conditions of Oper Leipzig, or entering content of such nature, e.g. by entering text
- Keeping their customer account password secret and protecting it against unauthorised access by third parties
- Keeping their information in the customer account up to date.
(3) The user guarantees that they will not use the customer account and its offers for the following purposes:
- Inciting other users to violate Oper Leipzig’s terms of service
- Using content from the customer account or the website (e.g. pictures or texts), if they do not possess the necessary usage rights for this
- Setting up fake accounts, in particular to deceive others about their own identity
- Creating one or more customer accounts if the user’s customer account has already been suspended or deactivated.
4. Performance and availability of services provided by Oper Leipzig
(1) The user has no legal claim to the use of the customer account and its offers. Oper Leipzig reserves the right, in particular, to add to, change or discontinue the offers available with the customer account at any time, and to temporarily restrict them, for example for reasons of capacity or for technical reasons.
(2) While Oper Leipzig regularly reviews and updates the information and offers in the user account, in exceptional cases these may not be entirely up to date.
(3) Oper Leipzig endeavours to ensure that the customer account and its offers can be used without any problems, but cannot guarantee that the customer account and its offers will be continuously available and functional at all times.
(4) Oper Leipzig may use third parties at any time and to any extent for the provision of services.
5. Using the ticket exchange
(1) With its ticket exchange, Oper Leipzig provides a service for registered users to find people interested in buying or selling tickets for events at Oper Leipzig. Only tickets purchased through Oper Leipzig’s own advance booking points (in particular the box office, phone, Oper Leipzig’s web shop) may be sold via the ticket exchange. Tickets for Oper Leipzig events that are sold by external ticket agencies (third-party web shops and ticket agencies) may not be sold via the ticket exchange.
(2) Registered users can respond to offers to buy or sell tickets from other users by contacting those users via the ticket exchange. However, the ticket exchange does not offer a chat feature or any other possibility for users to communicate in real time. Rather, once contact has been established via the ticket exchange, users have the option of communicating using the email addresses they have provided to discuss the purchase or sale of tickets.
(3) To ensure that people have the opportunity to attend events regardless of their financial means, Oper Leipzig tickets that have already been purchased may also only be offered and sold on a non-commercial basis. Any commercial resale of purchased tickets without the prior consent of Oper Leipzig is prohibited. In particular, a resale is deemed commercial if the tickets are resold at a premium compared to the original ticket price (including advance booking fees).
(4) The ticket exchange only serves to establish contact between potential buyers and sellers. Specifically, this means that Oper Leipzig does not become a party to any sales contract concluded between users. In particular, it is also the sole responsibility of the parties to carry out the transfer of ownership of the tickets (e.g. by handing them over or sending them). Oper Leipzig is not responsible for checking compliance with sales contracts concluded between users, in particular the use or non-use of sold online tickets.
(5) By acting carefully and adopting the usual technical measures when users register, Oper Leipzig endeavours to minimise the risk of the ticket exchange being misused by users acting fraudulently or otherwise illegally. However, Oper Leipzig cannot guarantee that no users with fraudulent or otherwise illegal intentions will register.
6. Liability, protection of third-party rights
(1) Without prejudice to Section5, Paragraph 5 of the terms of service, Oper Leipzig assumes liability for the customer account and the associated offers in accordance with the statutory provisions.
(2) The customer account contains data and information of all kinds, some of which is protected by trademark and/or copyright or other third-party rights. The user is therefore prohibited from downloading, reproducing and/or distributing the user account and its contents either in whole or in part. They may however reproduce them technically for browsing purposes, provided that this action does not serve any commercial purposes, and reproduce them permanently for private use.
Users may terminate the user contract at any time without notice.
8. Measures taken by Oper Leipzig against users
If there are specific indications that a user culpably violates legal regulations, third-party rights, such as in particular name, copyright and trademark rights, or these terms of service, or if there is any other legitimate interest on the part of Oper Leipzig, in particular to protect other users from fraudulent or other illegal activities, Oper Leipzig shall be entitled to take one or more of the following actions:
- Issuing the user a warning
- Delaying the activation of the user’s customer account and/or other content
- Temporarily blocking or permanently deleting the user’s customer account and/or other content, in particular comments
- Restricting the user’s use of the user account and/or the offers.
9. Amendments to these terms of service
(1) Oper Leipzig reserves the right to amend these terms of service, provided this is justified by sound legal and/or economic reasons after considering the interests of both parties, e.g. in the case of major new technological developments, changes to the law or case law or other equivalent reasons.
(2) The amended version of the terms of service will be sent to registered users by email two weeks before it comes into effect. If a user objects to the amendments to the terms of service before they come into effect, the user contract shall end when the new terms of service come into effect. Oper Leipzig will point out this legal consequence when sending out the amended terms of service. If the user does not object to the amendments within the period or within a deviating period specified in the notification, the changes shall be deemed accepted by the user through the user’s continued use of the customer account.
10. Final provisions
(1) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Oper Leipzig.
(2) German law shall apply, excluding the UN Convention on the Sale of Goods.
(3) The EU Commission has created an internet platform for resolving disputes online. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online sales contracts. More information is available via the following link: https://ec.europa.eu/consumers/odr. Oper Leipzig is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
(4) Insofar as the provisions of this user contract contain gaps, such gaps shall be filled by the provisions that would have been agreed between the user and Oper Leipzig in accordance with the economic objectives and purpose of the user contract if they had been aware of the gap in the provisions.
Last amended: 4 March 2021