Terms and Conditions (T&Cs) for FestMitra
1. Scope of Service
FestMitra provides an intermediary platform where users can purchase tickets for various festivals in Germany. FestMitra is generally not the event organizer but acts as a commercial agent/broker between the user and the respective Event Organizer.
2. Contract Formation
* By clicking the "Buy Now" (or "Pay Now") button, the user makes a binding offer to purchase the ticket.
* The contract is concluded only when FestMitra sends a confirmation email and the electronic ticket to the user.
3. Exclusion of Right of Withdrawal (Widerrufsrecht)
Important Note for Germany: According to § 312g para. 2 no. 9 BGB, there is no right of withdrawal for contracts involving the provision of services related to leisure activities if the contract provides for a specific date or period.
* Once purchased, ticket orders for specific festival dates are binding.
* You cannot return the ticket within 14 days for a refund simply because you changed your mind, unlike other online purchases.
4. Cancellation and Refunds
* User Cancellation: If a user cannot attend, a refund is generally not provided unless specified by the specific Event Organizer's policy. We recommend using a platform-approved ticket resale or name-change feature if available.
* Event Cancellation: If the organizer cancels the festival, the user is entitled to a refund. FestMitra will facilitate this refund process, though the liability remains with the Event Organizer.
* Event Rescheduling: If an event is postponed to a new date, the ticket remains valid. If the user cannot attend the new date, they may request a refund according to German case law.
5. Prices and Payment
* All prices listed are in Euro (€) and include the statutory German Value Added Tax (VAT/MwSt).
* Service fees or shipping fees (if applicable) will be clearly displayed before the final checkout.
* Payment is due immediately upon booking. We accept [List methods: e.g., Credit Card, PayPal, SEPA, Klarna].
6. Ticket Delivery and Personalization
* Tickets are delivered digitally via the app or email. The user is responsible for providing a correct email address.
* If a ticket is personalized (requires a specific name), the user must ensure the name matches their official ID. Changes to names may incur an administrative fee.
7. Liability
* FestMitra is liable for damages resulting from injury to life, body, or health caused by our breach of duty.
* For other damages, FestMitra is only liable in cases of gross negligence or intent.
* We are not liable for the actual performance or quality of the festival; that is the sole responsibility of the Event Organizer.
8. Dispute Resolution (ODR)
The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find at: https://ec.europa.eu/consumers/odr. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Checklist for your German Launch:
1. Impressum (Imprint): Under German law (§ 5 TMG), your app must have an "Impressum" page containing your legal company name, address, email, phone number, and VAT ID (if applicable).
2. Button Labeling: The final checkout button must clearly say "Zahlungspflichtig bestellen" or "Jetzt kaufen" to be legally valid in Germany.
3. Language: Since you are targeting festivals in Germany, your T&Cs should ideally be available in German to be fully enforceable against German consumers.
