TERMS AND CONDITIONS

General Terms and Conditions of Avalon Concierge Service LLC for the Sale of Admission Tickets and the Procurement of Hotel Services

The following General Terms and Conditions apply to the sale of admission tickets by Avalon Concierge Service LLC ("here in after referred to as the Company"):

1. scope of application

These General Terms and Conditions apply to all services provided by the Company in connection with the reservation, sale and delivery of tickets (hereinafter referred to as "Tickets"). They apply to the entire online offer at www.mos-management.com, as well as to all written or telephone ticket orders placed with the Company. By registering the Customer on the Company's website or carrying out an order process in writing or by telephone, the Customer acknowledges the validity of these General Terms and Conditions.

The Terms and Conditions shall also apply to all future ticket orders placed by the Customer with the Company.
These general terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that the Company has expressly agreed to them.

2. contractual relations, ticket prices

The Company is not itself the organizer of the events that are the subject of the tickets. Through the purchase of the tickets, contractual relationships with regard to the attendance of the event are established exclusively between the respective customers and the organizer. If a ticket also entitles the holder to use it as a ticket for local public transport, a separate contractual relationship exists between the Customer and the local public transport company, which is merely mediated by the Company, and for which the provisions of the local public transport company apply.
The price of the ticket charged by the Company to the Customer is the basic price of the organizer (the price printed on the ticket) plus an agency fee. Since the Company does not always receive the tickets directly from the organizer, but also obtains them through its international partner network, the ticket price to be paid can be considerably higher than the amount printed on the ticket by the organizer, especially for very attractive and sought-after events.
Ticket prices quoted by the Company to the Customer include advance booking fees, system fees, the price printed on the ticket and VAT. The Customer shall not be entitled to information from the Company as to the price at which the Company purchased the Ticket.

3. conclusion of the contract

All information on tickets and prices contained on the website at www.avalon-concierge.com and in catalogs, advertisements and announcements of the Company are only an invitatio ad offerendum. By placing an order, the Customer makes a binding offer to conclude a purchase contract for the tickets selected by the Customer and specified in the order. The Customer may place orders only in writing by email or fax or letter, not online.
In response to the Customer's offer, the Company shall check whether the ordered number of tickets in the selected price category is still available. The purchase contract is concluded by the written confirmation of the order by email, fax or letter by the Company or by handing over the ordered tickets (especially in case of short-term orders) to the Customer or his representative.
If the ordered number of tickets in the price category ordered by the Customer is no longer available, the Customer may either accept an alternative offer from the Company or withdraw from his order.
The Company offers tickets only according to available categories. Orders for specific rows and seats within a category by the Customer are not bindingly possible.

4. delivery and shipping costs

As a rule, tickets will only be handed over to the Customer or (at the Company's discretion, deposited at the box office or delivered to the Customer) after the Customer has paid for the tickets in full, but in no case before the organizer or agent has handed over the tickets to the Company. If, by way of exception, the tickets are delivered before the Customer has paid for the tickets in full, the tickets shall remain the property of the Company until they have been paid for in full.
The Company alone decides which shipping company will be commissioned. The shipping costs will be charged in addition to the ticket prices stated in clause 2. The Company charges a flat shipping and handling fee of € 15.00 plus VAT for deliveries within the Federal Republic of Germany. For deliveries outside the Federal Republic of Germany, the Company may charge higher shipping costs.

Change of service: Should certain tickets or acesses no longer be available due to unforeseeable circumstances, the Company reserves the right to supply equivalent or better tickets as a replacement service. In the event of delivery of a lower quality ticket - which the Company is permitted to do at any time - only the difference to the original price (printed price) will be refunded. The printed original ticket price is decisive for the valuation of the tickets. A claim for cancellation or price minimization is excluded.

Tickets can be delivered by the company no later than 3 hours before the start on the day of the event.

5. Cancellation and ticket exchange

Cancellation, exchange or return of tickets ordered by the Customer to the Company or to the Company is not possible.
Tickets lost or destroyed by the Customer shall not be replaced. The purchase price for tickets lost or destroyed by the Customer will not be refunded by the Company.

6. performance of the event, cancellation of the event, postponement of the event, change of the event, insolvency of the organizer, Force Major

The Company is not liable for the execution, the course, the content and the quality of the respective event. The Company also assumes no responsibility for the correctness and completeness of the information provided on the website www.avalon-concierge.com regarding the event at the instigation of third parties.
In case of postponement of events, the organizer is entitled to declare the validity of the original tickets of the postponed event for the new, postponed date of the event. A return of the tickets to the agent or a reversal of the ticket purchase as a result of the rescheduling is not possible in these cases. The Company is not a direct contractual partner of the event organizer (item 2.2).
In the event of cancellation of events or events not held for other reasons, any claims of the Customer shall only exist against the respective event organizer, in no case against the Company. The Company shall not be obliged to refund to the Customer the fees and sums of money collected for its own services and shall also not be liable in the event of changes in the line-up at the events, in no case vis-à-vis the Company. Whether the customer has any claims against the organizer depends on the contractual agreements between the customer and the organizer.
In case of cancellation of the event, the Company is not obliged to refund the fees and the amount of money received for its own services. In case of cancellation, the Customer has no claims against the Company. The Customer's claims against the Operator depend on the contractual agreement between the Customer and the Operator. In particular, the Company does not assume any liability in case of incapacity of the operator.
Sanitary measures & country-specific regulations. All Ticket Holders are required to comply with all sanitary measures and policies in effect at the Venue under COVID-19 or required for access to the Venue, including vaccinations and corona testing, if applicable. In addition, the Terms and Conditions clarify that ticket holders are required to comply with the specific government regulations that apply when entering the country in which the event, is being held from a foreign country. Should a ticket holder violate these guidelines, regulations, rules, the company is not liable for this circumstance and possible exclusion from the event, the ticket holder is solely responsible for this and can not claim a refund even in case of non-entry to the venue.

Events may be canceled, canceled, interrupted or postponed. Please therefore find out in good time before your arrival whether the event will take place as planned.

If an event is canceled, interrupted, interrupted or postponed due to force majeure (as defined below), or if the approval process for special tickets/Guest list seats is canceled due to force majeure, our liability shall be limited to reimbursement of the price printed on the ticket. Personal arrangements made by the ticket holder or guests, including travel to the event and accommodation at the event, are made at the customer's own expense and risk; we will not reimburse any expenses incurred. For the limitation of the scope of reimbursement according to this clause, the restrictions according to shall apply accordingly.

Force majeure exists if it is an event that is beyond the control of Avalon Concierge Service LLC. For example, force majeure exists in the event of war, civil war, war-like events, acts of terrorism, political unrest and/or the use of chemical, biological, biochemical substances and/or nuclear energy. Force majeure also exists in the event of pandemics, epidemics, epidemics or similar threats of disease and/or in the event of natural disasters (storms, hurricanes, earthquakes or floods etc.) or the consequences thereof. Furthermore, force majeure shall be deemed to exist in particular in the event of governmental, official or other public-law interventions and measures for which Avalon Concierge Service LLC is not responsible, such as orders, general decrees, etc., official notices/ notices in general that prevent the event from taking place or the official / ticket approval process and that did not already exist with effect for the event date at the time the ticket was sold. Force majeure is to be assumed both if a corresponding event has occurred and if, according to a reasonable assessment, such an event is predominantly likely to occur at the time of the event. Avalon Concierge Service LLC shall assess whether such an event has occurred or is imminent immediately after becoming aware of the event, taking into account a reasonable period of examination and consideration at its reasonable discretion, in particular taking into account the interests of the ticket holders.

7. withdrawal of the traveler / cancellation / hotel costs

The traveler can withdraw from the trip at any time before the start of the trip. The withdrawal must be declared to LLC by e-mail or letter. (2) If the traveler withdraws before the start of the trip or does not participate in the trip, Avalon Concierge Service LLC loses the right to the price of the trip. Instead, LLC may, insofar as it is not responsible for the withdrawal or there is a case of force majeure, demand reasonable compensation for the travel arrangements made up to the time of withdrawal and its expenses in relation to the respective travel price. The compensation shall be calculated according to the date of receipt of the traveler's declaration of cancellation as follows

Air travel up to the 31st day before departure 25 % from the 30th day before departure 40 % from the 24th day before departure 50 % from the 17th day before departure 60 % from the 10th day before departure 80 % from the 3rd day before departure until the day of departure or in case of no-show 90 % of the total travel price Event travel, incentive travel and hotel reservations up to 43 days prior to departure 20% from the 42nd to the 30th day prior to departure 40% from the 29th to the 22nd day prior to departure 60% from the 29th to the 22nd day prior to departure 40% of the total trip price. from the 9th day or before departure 90% from the 3rd day or in case of no-show up to and including the day of departure 95% of the total trip price.(3) In any case, the traveler is at liberty to prove to LLC that no damage has been suffered or that the damage is considerably less than the flat rate demanded by LLC.

LLC reserves the right to demand a higher and specific compensation that deviates from the aforementioned flat rates. In this case, LLC is obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved and any other utilization of the travel services.

8. choice of law

The Company and the Customer agree - to the extent permitted by law - on the exclusive application of US substantive law and US civil procedural law.

9. Severability Clause

Should individual provisions of the contract or these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or void provision with a provision that comes closest to the intended economic purpose. The same shall apply in the event of a loophole.

10. data protection

By placing an order, the Customer agrees that the personal data provided with the order will be stored by the Company for the purpose of proper processing of the order and the contracts concluded in this respect. The Company is entitled to pass on this data to partner companies, insofar as this is necessary for the processing of the contract - in particular the processing of payments and the dispatch of the tickets.

Last Update July 2024