These ticketing terms and conditions become part of the contract if the Organizer has commissioned the Provider with the sale of its event tickets on behalf and for the account of the Organizer and with the collection of the participation fees by Converia. It is possible to use the Converia software without using these services. In this case, these Ticketing Terms & Conditions do not become part of the contract agreement.
Converia: Sells tickets to participants in the name and for the account of the Organizer.
Provider: Organizers may engage official partners of Converia to perform certain tasks of Converia. In these cases, this partner acts as “Provider”. The event organizer may also engage Converia directly. In this case, Converia assumes the role of “Provider”.
Organizer: Hosts an event and engages the Provider to sell event tickets to attendees on their behalf and for their account.
The Organizer uses the software Converia (“”), a web-based conference management & ticketing platform offered by “Converia GmbH” (“Converia”) that enables professional organizers to manage conferences, congresses and similar events. The use of the platform by the Organizer is governed by the End User License Agreement (EULA), which is valid in addition to this agreement.
The contractual obligations with regard to the event and the sale of tickets exist only between the attendee who purchases the ticket and the Organizer. Nevertheless, organizers are able to register attendees, sell tickets and have them billed solely in Euro or US Dollar by the Provider.
For the event, the Organizer hereby authorizes and commissions the Provider exclusively to;
The Organizer may choose whether the tickets should be sent to the attendees, deposited at the venue and/or issued electronically, or whether attendees should be given the choice as to how to receive their individual tickets. If the tickets are deposited at the venue, the Organizer can also choose whether the tickets should be paid for at the venue and/or should be billed by the provider.
It is the duty of the Organizer to point out a possibly existing right of “revocation and return” to the attendees and to inform them of these rights in accordance with the regulations.
The Organizer is aware of the fact that the Provider will render its ticketing services by subcontracting Converia. Converia provides its services via different top-level domains as well as different sub-domains and aliases of the domains (“Converia websites”).
The Provider is authorized by the Organizer to commission Converia to act as a commercial representative with the authority to enter into and conclude agreements on behalf of and for the account of the Organizer and to publicly sell tickets for the event the Organizer plans, conducts or offers in another way via the Converia websites, to arrange the ticket sale for the event via the Converia websites, to handle payment transactions with attendees or their respective credit institutions and to send the tickets to the participants.
The Provider can transfer or assign all rights from this agreement to Converia. The Provider and Converia are authorized to present themselves with their own name with the attendees.
The Organizer fixes the price for the tickets at his own discretion. It is up to the Organizer whether he fixes a lump sum price or states a basic price and additional components like service- or payment-fees.
The Provider will charge his fees with additional VAT to the Organizer especially including fees for service, extra service (depositing, shipping-fees), charge-back and payment according to the price proposal (i.e. a separate document that sets out such fees and is accepted by the Organizer and the Provider).
If an event for which tickets are or were sold or have already been purchased via the Converia websites is cancelled or its date, time, venue or other major factors are amended, the Organizer shall inform the Provider in written form about the amendments immediately after gaining knowledge thereof. The Organizer will be billed for the costs incurred up to this point in time. Additional costs may be incurred according to § 5.
In accordance with the payment methods offered in the price proposal, the Provider shall be responsible for collecting the payments made by the attendees for tickets and handle the amount collected in a separate account. The Organizer grants the Provider an authorization to do so.
The Organizer is obliged to submit objections to invoices issued to the participants immediately but no later than four weeks after billing. Otherwise, the billing is deemed accepted.
The Provider shall transfer the amount collected in accordance with the applicable deadlines to the Organizer's account after the event. Within 45 working days after the event (unless the parties agree on a different time-limit) the Provider will deliver a statement of account. The Provider will transfer the accrued money only when the statement of account is accepted by the Organizer, within 10 working days of such acceptance unless the parties agree on a different time-limit. The acceptance has to be in written form. A ‘working day’ is defined as each day that is not an all-German or Free State of Thuringia legal holiday, a Saturday or a Sunday.
The parties may agree on advance payments. In this case, the aforementioned procedure also applies to the interim-billing. The Provider will deduct a security retention of up to 10 % of the amount to be paid. That retention will be transferred to the Organizer at such time as set out in the preceding paragraph.
The amounts to be forwarded shall be transferred to the bank account that the Organizer stated with their order confirmation. After the collected amount has been transferred to said bank account, the Provider has fulfilled all his obligations according to this contract. The Provider reserves the right to pay out amounts before recurring events take place. In any case, the Provider may setoff its unpaid fees due hereunder from the amounts to be forwarded hereunder, even if such fees or amounts are not yet mature; such setoff shall occur at the time that the forwarding payment occurs without any separate notice being required for this purpose or by the Provider giving the Organizer notice of such setoff. The preceding sentence shall apply in particular to the Provider’s chargeback or refund fees.
The Organizer is aware of the risk of chargebacks which attendees that have chosen certain payment methods (e.g. payment made by direct debit or credit card) are able to issue and that the Organizer bears sole responsibility for this risk. Chargebacks occurring will be billed to the Organizer plus a chargeback fee as specified in the price proposal. When a chargeback occurs after the full amount has been transferred to the Organizer, the money has to be refunded by the Organizer. If chargeback occurs before transfer the amount will be deducted from the Organizer’s claim. Any amount refunded by the Organizer or remaining to be paid to the Organizer will be in the first instance applied towards the Provider’s unpaid fees hereunder. Unless the Provider, at its option, decides otherwise, any chargeback will occur only to the extent that the Provider (i) has collected funds hereunder and not transferred such funds to the Organizer or (ii) has received funds from the Organizer for the purpose of such chargeback.
If the event is canceled or if tickets are legitimately returned by attendees due to any other change of the event, the Provider shall refund the amounts paid by the attendee for purchasing the event ticket(s) including all fees within 14 days. The Organizer authorizes the Provider to refund the amounts received by attendees on behalf of and for the account of the Organizer.
For managing refunds, the Organizer shall pay the Provider an additional cancelation fee per ticket according to the price proposal. Upon completion of the accounting process, the Organizer shall receive a statement consisting of the fees payable, at the latest one year after the originally specified date of the event.
The Provider is entitled to provide interim billings but not obliged to provide them. Any refunds not claimed by attendees within one year of the originally specified date of the event shall be paid out by the Provider to the Organizer.
The Provider commits to handle the reversal of ticket purchases made via the Converia websites on behalf of the Organizer whenever:
The Organizer authorizes the Provider to refund the payments received for tickets to the attendees on behalf of and for the account of the Organizer.
If, in case of refunds, the Organizer has already received the amounts from the Provider the Organizer commits to repay the sum necessary for refunding. If the Organizer does not repay the amounts received by the Provider, the Provider is only obliged to refund the amount that either has not yet been transferred to the Organizer or that has been repaid by the Organizer on a pro rata basis; the Provider may, at its option, proceed with the refund to a larger extent. Any amount repaid by the Organizer or remaining to be paid to the Organizer will be in the first instance applied towards the Provider’s unpaid fees relative to the given event. Any amount refunded by the Provider will be deducted from the Organizer’s claim.
The Converia websites have a comprehensive security system which protects Organizers from chargebacks, particularly when tickets are paid for by credit card. On rare occasions, the fraud protection system might cause payments to be rejected by third-party payment providers/banks or by the attendee's bank.
If there is reason to suspect that the Organizer misuses the Converia websites, the Provider reserves the right to deactivate the feature for purchasing tickets via the Converia websites and to prohibit the ticket sale. There are reasonable grounds for suspecting misuse when
If the suspicion cannot be removed within 30 days, the Provider reserves the right to reverse the transactions and to refund attendees in accordance with § 5.
The Organizer warrants that all data they submit to the provider are true. The Organizer also warrants that they are of legal age when they are a natural person. In case the Organizer is a corporate entity, they warrant that they hold all the necessary rights that enable them to act legally on behalf of the corporate entity. The Organizer is obliged to provide valid evidence of the assurances stated in this section upon request by the Provider.
The Organizer assures the Provider that
The Organizer is obliged to provide valid evidence of the assurances stated in this section upon request by the Provider.
The Organizer may only offset charges with claims that are either undisputed or legally established. The same provision shall apply to the Organizer's rights of retention.
This agreement shall remain in force for the duration of the event and as long as any party has still to fulfill an obligation pursuant to the provisions of this agreement. During that term ordinary termination of the agreement is excluded.
The right of the parties to terminate this contract for cause remains unaffected. Such cause for termination particularly exists for the Provider if
Opposing terms and conditions shall not be applicable.
If any provisions of this contract are invalid or lose efficacy due to a subsequent circumstance, the validity of the remaining contract is unaffected. In place of the ineffective provisions enters a regulation that comes closest to what the parties would have intended if they had considered the relevant point. The same applies to any gaps in this contract.
The law of the Federal Republic of Germany applies excluding the UN Sales Convention (CISG) and other legislation, which under or in execution of intergovernmental agreements, or legislative supranational institutions are German law, if not having mandatory nature and if not part of European Union law. This also applies to claims arising from pre- and post-contractual obligations and statutory claims competing with pre- and post-contractual claims.
Whenever this contract refers to written form, that reference includes e-mail form as well. The parties may agree on rules applicable to the notices they can give each other in relation to this contract.