Terms and conditions
General terms and conditions for the sale of admission tickets, season tickets and parking tickets
Last updated: November 2023
Scope The following general terms and conditions (GTC) apply to the sale of admission tickets, season tickets and parking tickets (“tickets”), for the events named on the tickets to ticket purchasers and their legal successors (collectively: “ticket purchasers”) in the Schalke 04 online ticket shop at tickets.schalke04.de and anfragen.schalke04.de (also: “S04 ticket shop”) as well as all telephone orders placed with Fußballclub Gelsenkirchen-Schalke 04 e. V. (also: “Schalke 04”) and all purchases in fan shops and at the Schalke 04 office. When attending an event at the VELTINS-Arena or the Parkstadion, ticket purchasers are subject to the property and stadium regulations of the VELTINS-Arena, which can be found at http://www.veltins-arena.de in the section “Terms and Conditions & House Rules” and are displayed in the VELTINS-Arena; for events at other venues, ticket purchasers are subject to the respective house rules on display. These GTC also apply to future ticket purchases even if they have not been agreed separately once again. These GTC apply mutatis mutandis to events at the Parkstadion.
1. Contractual partner and user
1.1. Contractual partner: The respective organiser is the ticket purchasers’ contractual partner and user of these GTC when selling tickets for events at the VELTINS-Arena. The organiser of home matches of the teams of the football club Gelsenkirchen-Schalke 04 e.V. (also “Schalke 04”) is Schalke 04 unless another organiser is expressly referred to in the official advertising materials and on the tickets. With regard to other events, the organiser is named on the tickets, in the event description and the order form in the S04 ticket shop as well as in the official advertising material for the respective event.
1.2. Parking tickets: Schalke 04 is the ticket purchasers’ contractual partner and user of these GTC for parking ticket sales unless parking ticket sales are expressly made on behalf of a third party.
1.3. Away tickets: These GTC also apply mutatis mutandis to the legal relationship established by the purchase and/or use of tickets valid for Schalke 04’s away matches (“away tickets”) if the away tickets are purchased from Schalke 04 or from authorised sales/issuing outlets. Further regulations (e.g. GTC or stadium regulations of the home club) may apply at the latest upon entry to stadiums at away matches. If the home club’s GTC regulations are contradictory, these GTC shall take precedence in the relationship between the customer and Schalke 04. Legal relationships that authorise the customer to submit offers for purchasing tickets for matches at the respective home club in the first place (e.g. the allocation of promo codes) are not covered by these GTC.
1.4. Guest tickets: These GTC also apply mutatis mutandis to the legal relationship established by the purchase of tickets via the guest club and/or the use of these tickets when entering the stadium for a match of the guest club at the stadium. If these GTC contradict regulations of the respective guest club that it has included when selling the tickets, such as the GTC of the guest club, these GTC shall take precedence in the relationship between the customer and Schalke 04.
1.5. The ticket purchasers’ contractual partner and the user of these GTC are hereinafter also referred to as the “user”.
2. Conclusion of contract S04 ticket shop, storage and accessibility of the contract text
2.1. Advertising: The S04 ticket shop, other advertising and references by the user to services offered do not contain an offer to conclude a contract, but rather an invitation to submit an offer by ticket purchasers.
2.2. Offer; acceptance: By clicking on the “buy now” button in the S04 ticket shop, ticket purchasers submit a legally binding offer to purchase the goods in the shopping basket. The contract is concluded with the user’s declaration of acceptance. The dispatch of the tickets is regarded as acceptance. If ticket purchasers request that the tickets be sent by post, this shall be at their expense and risk. The postage company is selected by the user. In the case of electronic tickets (print@home ticket or mobile ticket), the contract is only concluded when the ticket is sent.
2.3. Order data: Ticket purchasers’ order data is stored by the user, but cannot be accessed directly by ticket purchasers for security reasons. If ticket purchasers have created a ticket purchaser account online, the user offers a password-protected direct access (“My Account”) for each ticket purchaser. Ticket purchasers can view information about their ticket orders here and manage and save their address data after registering. 2.4. Contracts can be concluded in the following languages: German and English.
3. Due date of payment, SEPA direct debit mandate
3.1. Due date: Payment of the purchase price and any service fees is due upon conclusion of the purchase contract.
3.2. Reservation of title: If the tickets are dispatched or handed over to ticket purchasers before payment of the ticket price, the tickets remain the property of the user until full, final and unconditional payment of the ticket price. In exercising the defence of non-performance of the contract to which the user is entitled, unpaid tickets do not entitle the ticket holder to attend the event. The user’s right to demand compensation from ticket purchasers remains unaffected.
3.3. SEPA direct debit mandate: If ticket purchasers issue the user with a SEPA direct debit mandate, the direct debit will only be collected after the invoice has been issued and ticket purchasers will be notified in advance at least one business day before collection. Ticket purchasers shall ensure that the account has sufficient funds. Costs incurred due to non-payment or back transfer of the direct debit shall be borne by ticket purchasers provided that the non-payment or back transfer was not caused by the user.
4. Payment methods The user offers various payment methods for orders from Germany in cooperation with Adyen N.V. German Branch, Friedrichstraße 63, 10117 Berlin and Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, namely giropay (via Adyen), credit card (via Adyen: MasterCard, VISA, Maestro, American Express) Klarna Sofortüberweisung (instant transfer – Klarna via Adyen), PayPal, Apple Pay, Google Pay, Klarna invoice. When paying by credit card, ticket purchasers’ credit cards will be charged when the order is finalised. When paying via paydirekt and Sofortüberweisung, ticket purchasers are automatically redirected to the giropay or Klarna page during the ordering process. There is the option of payment by direct debit for telephone transactions. The user reserves the right to exclude individual payment methods depending on a credit check.
5. Purchasing tickets
5.1. Schalke 04 club members and season ticket holders for Schalke 04 home matches may be given preferential treatment by the user when tickets are allocated for football events.
5.2. With regard to any entitlement to transportation on VRR transport granted with the ticket, the transport contract is concluded exclusively between the respective visitor and the transport company used by them.
5.3. Third-party involvement: The user may authorise third parties to sell the tickets on its behalf and also to act on its behalf with regard to its other rights and obligations. The contract for purchasing tickets for events is concluded exclusively between the user and the ticket purchaser.
5.4. If ticket purchasers would like any away tickets purchased to be sent and not collected, this is done at their own risk. Schalke 04 cannot issue replacement tickets or refund the purchase price in the event of loss. At the request of the ticket purchaser, Schalke 04 will support them in requesting a replacement ticket from the respective home club. Any additional expenses incurred by Schalke 04 in this connection are covered by the postage and handling fee to be paid.
6. Season tickets
6.1. Season ticket: A season ticket generally entitles ticket purchasers to attend those Schalke 04 events at the stadium for which they have purchased attendance rights. Certain privileges may also be associated with it depending on the season ticket purchased. Details can be found in the service description when ordering the season ticket. Subject to the provisions in Sections
6.2., 6.5. and 6.6., a season ticket is valid for one season (usually 1 July of one year to 30 June of the following year). Season tickets are generally issued on a personalised basis. The price, entitlement to a discount and the corresponding closing date for season tickets are based on the club’s price list valid at the time of ordering (“Price list”), which can be viewed at: https://tickets.schalke04.de/de/pages/allgemein/preise-kategorien. Season ticket customers are not entitled to the allocation of a specific seat. This also applies if ticket purchasers were already season ticket holders in the previous season. Furthermore, explicit reference is made to the “General questions about season tickets”, which can be viewed at: https://tickets.schalke04.de/de/pages/allgemein/dauerkarten-informationen,
6.2. Price change: Schalke is entitled to change the fee to be paid for the coming contract year (from 1 July of the following year) in accordance with the price list at its reasonable discretion (Section 315 German Civil Code – BGB) and taking into consideration mutual services. This notably applies in the event of a change in the operating costs at the VELTINS-Arena, the necessary staff costs or any general administrative costs. Season ticket holders will be informed in good time – but at least four weeks – before the expiry of the cancellation period specified in the season ticket contract of the intended price change. Furthermore, Schalke will inform season ticket holders in this case of the ordinary right of cancellation. The price change is considered approved and becomes part of the contract if season ticket holders do not exercise their right of cancellation within the period specified in the season ticket contract.
6.3. Overcrowding: If, for good cause, Schalke 04 has to fulfil certain requirements in connection with the opening of the stadium (e.g. for the club, official or legally prescribed access restrictions or other protective and security measures), ticket purchasers may not actually be able to attend every event for which it has acquired attendance rights in accordance with their season ticket. Ticket purchasers accept that in this case, Schalke 04 is entitled to determine the allocation of tickets in a transparent and non-discriminatory manner and also to cancel individual attendance rights that have already been purchased. In the event that attendance rights are revoked by Schalke 04, any ticket purchasers affected will be refunded the price already paid (pro rata for season tickets, if applicable) or will not be charged. Section 13.5 applies mutatis mutandis.
6.4. Subscription: The purchase of a season ticket is always a subscription, meaning it is in the form of a continuing obligation (“subscription”). In the case of a chip card season ticket, a new chip card is not issued annually, rather next season’s games are automatically loaded onto the “old” chip card. This means that the card can continue to be used in full. Block season tickets will be sent out punctually in paper format each year.
6.5. Renewal and cancellation: The initial term of the season ticket ends in accordance with Section 6.1 on 30 June of the respective season in which it was purchased (“initial term”). Early ordinary cancellation of the season ticket by ticket purchasers is generally excluded during the initial term. The subscription is then extended indefinitely for the following season upon delivery of the season ticket in accordance with Section 6.4 if ticket purchasers or Schalke 04 do not cancel the subscription by 31 May of the respective year with effect from the end of the initial term. After renewing the subscription for an indefinite period, both ticket purchasers and Schalke 04 have the right to cancel the subscription at any time with a notice period of one (1) month. Cancellations can be made within the specified period in writing (email is sufficient) or by post to the contact address. The date of receipt by the other party shall be decisive for observing the cancellation period.
6.6. Extraordinary cancellation: Notwithstanding the provisions in Section 6.5, each party is entitled to extraordinary cancellation of the subscription for good cause in writing (email is sufficient) or by post to the contact address. Good cause for Schalke 04 in accordance with Section 314 Para. 1 BGB particularly includes if Schalke 04 is entitled to one of the legal consequences described in the aforementioned regulations in accordance with Section 10.2, 18.1 and 20.1, and if ticket purchasers demonstrably repeatedly fail to use the season ticket, i.e. attend less than one third (1/3) of the events taking place in a season. Good cause also includes if the customer, despite a written warning, does not fulfil its obligation to pay the contractually agreed fee in whole or in part at the latest after the reasonable deadline set out in the warning has expired. In this context, Schalke 04 has the right to the extraordinary cancellation of other continuing obligations affected by the cancellation reason (e.g. a ticket purchaser is in possession of several season tickets or a Schalke 04 membership).
6.7. Transfer: Season ticket holders can apply for the allocation of a new seat in the stadium (“transfer”). A transfer does not constitute a cancellation of the season ticket. Ticket purchasers are not entitled to a transfer; it is done as a gesture of goodwill from Schalke 04 and is subject to available capacities and organisational conditions. Transfer is only possible between seasons; during an on-going season, it is generally excluded both in the initial term and in subsequent seasons. Transfer requests for the new season can only be considered by Schalke 04 if they are submitted to the contact address in the period communicated by Schalke 04 after the end of the season in which adjustments can be made to existing season ticket assignment and ownership (“change phase”), and in the form communicated by Schalke 04, which is usually in writing or in person. The club may charge service or postage fees for the transfer in accordance with the price list.
6.8. Assignment: The provisions in Section 10 apply mutatis mutandis to the transfer of a season ticket. Furthermore, season ticket holders can apply for a permanent assignment to another person (“assignment”). A permanent assignment of standing season tickets can only be made within a family. Corresponding proof of this must be provided. Assignment does not constitute a cancellation of the season ticket, rather a transfer of the existing contractual relationship with all rights and obligations to the new customer. The assigning customer remains obligated to the club until the new customer has fully assumed the legal relationship, including all rights and obligations. The customer has no right to an assignment; it is done as a gesture of goodwill from the club. Assignment is only possible between seasons; during an on-going season, it is generally excluded both in the initial term and in subsequent seasons. The assignment request can only be made within the change phase and only in writing. No (partial) refunds of the purchase price to the assigning customer are made. The club may charge service or postage fees for the assignment in accordance with the price list.
7. Discounted tickets
7.1. Discount entitlement: The following groups are generally entitled to a discount when purchasing public tickets: children up to and including the age of thirteen (13) (“children’s tickets”), school children (full-time only), students, trainees up to and including the age of twenty-seven (27), severely disabled persons with a degree of disability (GdB) of 70 and above. Double discounts are not granted. The date on which the ticket is purchased is decisive for the respective discount entitlement. One free companion ticket for day or season tickets can be requested from the ticket shop if the severely disabled person has a “B” marked on their badge. The number of these companion tickets is limited. There is no entitlement to the granting of a companion ticket. Companion tickets are only distributed within the available quota. Only children up to and including the age of thirteen (13) are entitled to a discount on the purchase of hospitality tickets.
7.2 Proof of discount entitlement: Any current and official proof of discount entitlement must be carried when entering the stadium and presented upon request by security staff. If it is not carried or is not valid, admission to the stadium may be refused; the rejected customer has no right to compensation. Violations may result in expulsion from the stadium and criminal charges being pressed.
7.3 Children’s tickets: Children in possession of a children’s ticket shall only be admitted to the stadium accompanied by an adult of legal age with a valid ticket who is responsible for their supervision.
7.4 Transfer and upgrades: For the transfer of discounted tickets, the provisions in Section 10 apply with the additional stipulation that a transfer is only possible if the new ticket holder also fulfils the corresponding discount requirements and provides evidence of this in accordance with Section 7.2, unless the new ticket holder pays a surcharge in the amount of the difference between the discounted ticket and a corresponding day ticket on the respective match day (“upgrade”) before entering the stadium. The club may charge a service fee and, if applicable, a postage fee for upgrading a ticket in accordance with the price list. If a customer’s entitlement to a discount expires during the term of the subscription, an upgrade must be made from the date on which the entitlement to a discount expires for the respective match day. If the entitlement to a discount only arises during the term of the subscription, a discounted season ticket can already be purchased at the beginning of the season; in this case, an upgrade must be made for all events up to the actual start of the discount entitlement. An upgrade of the total subscription can only be carried out within the change phase. Reduced day tickets can only be purchased if the entitlement to a discount in accordance with Section 7.1 exists both when purchasing the ticket and when entering the stadium.
8. Hospitality tickets
The provisions of these GTC apply to purchasing hospitality day tickets. Day ticket prices can be found at https://schalke04.de/business/hospitality/tageskarten/. The following provisions apply in addition for purchasing hospitality season tickets:
8.1. Services: The customer is entitled to use the hospitality area booked in the respective contract at all home matches of Schalke 04 in the Bundesliga, Bundesliga 2 and Bundesliga 3. The opening hours are usually two hours before the start of the match until two hours after the match. However, Schalke is free to amend the respective opening hours at its reasonable discretion. For example, Schalke is entitled to modify the opening hours due to different kick-off times in the Bundesliga, Bundesliga 2 or Bundesliga 3. There is expressly no right of use for Schalke 04’s promotion or relegation matches. In the event of justified interest (e.g. request from DFB, DFL or UEFA as well as official orders), Schalke 04 is authorised to allocate other seats of the same category to the customer for individual matches.
8.2. Due date: The fee per contract year (1 July to 30 June) is due for payment on 1 July of each contract year after receiving an invoice from Schalke 04.
8.3. Term and ordinary cancellation: The term of the subscription contract is one year, beginning on 1 July and ending on 30 June of the following year. The contract shall be extended by one more year unless it is cancelled in writing by either party six months before expiry. If the customer is a consumer within the meaning of Section 13 BGB, the contractual relationship shall be extended indefinitely after the first year of the contract. In this case, both the ticket purchaser and Schalke 04 have the right to cancel the subscription at any time with a notice period of one (1) month. Cancellations must be sent to FC Gelsenkirchen-Schalke 04 e.V., Direktion Vertrieb, Sponsoring und Service, Abteilung Hospitality, Ernst-Kuzorra-Weg 1, 45891 Gelsenkirchen.
8.4. Extraordinary cancellation: Schalke 04 has the right to cancel the contract without notice, in particular if a. the customer or the people taken along by the customer violate the stadium regulations and/or the regulatory ordinance of the city of Gelsenkirchen. By concluding the contract, the customer is unreservedly subject to the VELTINS-Arena’s stadium regulations. The customer must oblige any person it takes into the VELTINS-Arena and for the direct benefit of Schalke 04 to comply with the stadium regulations. In this respect, reference is made to Section 18.1 of these GTC. b. the customer violates Section 6.6 of these GTC. c. the customer violates Section 10.2 of these GTC.
8.5. Force majeure: If the customer is unable to use rights from this contract during the term of this contract for a reason for which Schalke 04 is not responsible, in particular in any case of force majeure (e.g. strike, lockout, official order, operational disruption, fire, flooding, etc.), there shall be no claim to make up for the respective right nor to a reduction of the agreed fee.
8.6. Wearing the opposing team’s clothing is not permitted on hospitality areas’ balconies in the North Curve. Schalke, the police and the security staff are authorised to deny guest fans access to these areas and/or to expel the guest fans from the area. This also applies if these guest fans are in possession of a valid ticket. Guest fans will be brought to the guest area of the stadium if there is still sufficient space available. The guest fans concerned may be expelled from the stadium and/or denied entry to the stadium if no other suitable space can be offered. In this case, there is no entitlement to compensation. 8.7. These general terms and conditions apply in all other respects.
9. Postage and deposit
9.1. Postage: Tickets in paper format are posted at the customer’s expense, whereby Schalke 04 selects the postage company and provides it with the ticket user’s postage information to fulfil the contract in accordance with Art. 6 Para. 1 Sentence 1 b) EU General Data Protection Regulation (“GDPR”). Schalke 04 shall bear the risk of loss or damage during postage. The corresponding delivery to ticket purchasers usually takes place within seven (7) working days from the order confirmation. If the ticket has not been received by this time, any loss during postage must be reported immediately. Schalke 04 will reissue tickets lost during postage in accordance with Section 11.2.
9.2. Electronic tickets: Electronic tickets (print@home tickets or mobile tickets) that are ordered are sent to the customer electronically by email in the form of a PDF file (print@home ticket), as a download in the online ticket shop or for retrieval in the Schalke04 mobile app (mobile ticket). The 2D barcode for access to the stadium grounds must be made permanently available on the mobile device (e.g. smartphone) or printed out in legible quality on A4 paper and carried with you at the event. Unreadable 2D barcodes or printouts for which Schalke 04 are not to blame generally do not authorise access to the stadium grounds. The legal basis for the associated processing of personal data is Art. 6 Para. 1 Sentence 1 b) GDPR.
9.3. Deposit: If it is no longer possible to guarantee timely receipt of the tickets for orders placed at short notice and notification by Schalke 04, an agreement on the deposit of the tickets at the service centre is possible in individual cases at the discretion of Schalke 04. The tickets can only be collected by ticket purchasers or a third party authorised in writing by the customer upon presentation of a suitable official identification document (identity card, passport, etc.). Schalke 04 may charge a reasonable service fee for the deposit of the ticket. The risk of loss of or damage to the tickets prior to collection is borne by the ticket purchaser, unless there is gross negligence or intent on the part of Schalke 04 or the third party authorised by Schalke 04.
10. Transferring tickets 1
0.1. Meaning and purpose: It is in the interests of the user and the spectators to restrict the transfer of tickets: to prevent violence and criminal offences in connection with attending the event, to enforce stadium bans, to prevent the resale of tickets at excessive prices and to separate supporters of the opposing teams during a football match.
10.2. Unauthorised transfer: Tickets are sold exclusively for private, non-commercial use by ticket purchasers; any business-related or commercial resale of tickets by ticket purchasers is prohibited. The user alone reserves the right to sell tickets in a business-related or commercial context. The ticket purchaser is prohibited from
a. offering tickets for sale at auctions or internet auctions (e.g. ebay),
b. offering or selling tickets at a higher price than the price paid; a mark up of up to 10% to compensate for any transaction costs incurred is permitted,
c. offering, selling or transferring tickets to business-related or commercial resellers and/or ticket sellers,
d. using tickets or having them used in a business-related or commercial context without the express prior written consent of the user, in particular for the purposes of advertising, marketing, as a bonus, as a promotional gift, as a prize or as part of an unauthorised hospitality or travel package,
e. transferring tickets for football events to supporters of visiting clubs, either for a fee or free of charge if the ticket holder is aware or should have been aware of the support for the visiting club,
f. transferring tickets for football events for a fee or free of charge to persons who are subject to a nationwide stadium ban or a stadium ban limited to the VELTINS-Arena if the ticket holder is aware of this or should have been aware of it, or
g. reselling tickets if these tickets were purchased using automated procedures that serve to bypass restrictions on the number of tickets that can be purchased by a person or other regulations applicable to the sale of tickets (“shopping bot”).
h. Permitted transfer: Private transfer of a ticket for non-commercial reasons, in particular in individual cases in the event of illness or other impediment of ticket purchasers, is permitted if there is no case of unauthorised transfer within the meaning of the provision in Section 10.2 and the transfer is made via the user’s official secondary market platform https://tickets.schalke04.de/ and in the manner specified for this purpose on the secondary market platform or
i. the ticket purchaser expressly informs the second purchaser and new ticket holder of the validity and content of these GTC, the second purchaser agrees to the validity of these GTC between itself and the user and the user is informed in good time about the ticket transfer and the second purchaser is named.
j. Schalke 04 processes the name of the new ticket holder on the one hand to fulfil the contracts between it and Schalke 04 and between it and the customer in accordance with Art. 6 Para. 1 Sentence 1 b) GDPR. On the other hand, this data processing is carried out to protect the legitimate interests of Schalke 04 in accordance with Art. 6 Para. 1 Sentence 1 f) GDPR. The legitimate interests of Schalke 04 stem from Section 10.1. 10.3. Measures in the event of unauthorised transfer: The user is entitled to take the following measures in the event of one or more violations of the provisions in Section 10.2. and/or other unauthorised tickets transfer: a. The user may block the ticket and deny ticket purchasers access to the event without compensation. b. The user is entitled to demand a contractual penalty of up to € 2,500.00 from ticket purchasers who transfer and/or offer tickets in violation of Section 10.2 for each case of violation unless the violation is committed innocently. The contractual penalty shall be determined by the user at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. Further claims for damages shall remain unaffected by this, whereby the contractual penalty shall be offset against claims for damages. c. The user is entitled to demand payment of the profit from the respective ticket purchaser if the transfer of tickets is unauthorised in accordance with Section 10.2. lit. a and/or Section 10.2. lit. b. d. The user is entitled to report the incident in an appropriate manner, also stating the name of the ticket purchaser, to prevent the tickets from being used in breach of contract in the future. e. Further measures: The user reserves the right to refuse future ticket purchases to persons who violate the prohibitions in Section 10.2, to impose a stadium ban on them and/or to initiate further legal measures.
11. Admission authorisation, refusal of admission, stadium ban
11.1. Proof of identification: The user is entitled to refuse admission to the respective event to ticket purchasers who do not prove their identity by presenting a valid official identification document (e.g. identity card, child ID), as well as to ticket purchasers of tickets for football events at the VELTINS-Arena who are subject to a nationwide stadium ban or a stadium ban limited to the VELTINS-Arena.
11.2. Loss: The user is not obliged to reissue any lost or stolen tickets; the user may reissue tickets at its prudent discretion if the reservation number is provided and the loss or theft is credibly demonstrated by the ticket purchaser. The user will charge an expense-related processing fee for the reissue of a lost ticket. By accepting the newly issued ticket, the ticket purchaser agrees to the lost ticket being blocked. This does not affect the user’s right to demand compensation from ticket purchasers (e.g. in the event of double placement). In the event of a technical defect in a ticket or difficulties with electronic admission, the user will issue a new ticket, blocking the old ticket or activating the old ticket accordingly, provided that ticket purchasers are able to identify themselves. No processing fees will be charged for the reissue unless the ticket purchaser is responsible for the technical error.
11.3. Intentionally false loss reports, which may lead to double placement, will result in the user making a criminal complaint.
11.4. Every ticket purchaser is obliged to present their ticket to the police, stewards or other legitimate security staff upon request at any time until leaving the venue and to hand it over for inspection.
11.5. If ticket purchasers have not taken the standing or seated place indicated on the ticket by the start of the event, the user may refuse ticket purchasers access to the event until the next break in the event or allocate another, equivalent place for the duration of the entire event.
11.6. Opposition team fans are not permitted to enter Blocks 19 to 46 or the standing area in the North Curve. Schalke, the police and the security staff are authorised to deny guest fans access to these areas and/or to expel the guest fans from the area. This also applies if these guest fans are in possession of a valid ticket. Guest fans will be brought to the guest area of the stadium if there is still sufficient space available. The guest fans concerned may be expelled from the stadium and/or denied entry to the stadium if no other suitable space can be offered. In this case, there is no entitlement to compensation.
11.7. The user may expel ticket purchasers who violate the house rules of the respective event venue or these GTC from the event venue. 12. Children and young people 12.1. Children under the age of 6 are not permitted to attend events that are not sporting competitions, even if accompanied by a parent or guardian, unless the events in question are expressly intended for this age group. 12.2. Children under the age of 7 are not permitted in standing areas. 12.3. Children under the age of twelve are only permitted to attend the event if accompanied by a parent or guardian. 12.4. Young people under the age of 18 must leave the venue by midnight.
13. Postponement and abandonment of an event, programme change, cancellation, revocation
13.1. Even if the user offers tickets via distance communication within the meaning of Section 312c Para. 2 BGB and, therefore, a distance contract may exist in accordance with Section 312c Para. 1 BGB, the customer has no right of cancellation when purchasing a ticket in accordance with Section 312g Para. 2 No. 9 BGB. This means that a two-week right to cancellation and return does not exist. Therefore, every offer submission or ticket order is binding immediately after confirmation by the user and obliges the customer to accept and pay for the tickets ordered.
13.2. If an event is postponed to another date, the ticket is valid for the new event date.
13.3. In the case of Bundesliga home matches, the date of the event is only specified and agreed with the Bundesliga match day in view of the fact that the Deutsche Fußball Liga GmbH (DFL) only announces the exact match dates a few weeks before the match. A Bundesliga match day can comprise up to four consecutive calendar days, which are determined by the DFL prior to the respective season. A refund of the ticket price can only be requested for Bundesliga home matches if the DFL determines a date outside the Bundesliga match day or at a venue outside the VELTINS-Arena and if the original ticket is returned to the user or the third party it has brought in in accordance with Section 5.3 no later than by the last calendar day of the Bundesliga match day specified on the ticket. In the case of DFB Cup matches and competitive matches at national or European level (e.g. Supercup, UEFA Champions League matches) or in Bundesliga 3, the time of the event is also specified and agreed with the respective match day, which may comprise up to three consecutive calendar days, in view of the fact that the exact match dates are only announced a few weeks before the match. In this respect, the above regulation applies mutatis mutandis.
13.4. There is no right of return for season ticket holders in the event that a Schalke 04 football match is postponed.
13.5. If a Schalke 04 football match is discontinued, there is no entitlement to a refund of the ticket price unless Schalke 04 is demonstrably at fault for the discontinuation of the football match.
13.6. In the event of a replay, the replay is considered to be a new event; the ticket for the original event is not valid for this and the ticket purchaser is not entitled to a refund or other compensation.
13.7. If the event is not a football match in accordance with Section 13.3, ticket purchasers are entitled to demand a refund of the ticket price from the user in the event of abandonment and abandonment without replacement of the event – with the exception of a case in accordance with Section 13.5 – if the original ticket is returned to the user or the third party brought in by the user in accordance with Section 5.3 after the planned date of the event. The user is entitled to postpone an event that is not a football match if there is a justified interest (e.g. a later clash with the Schalke 04 fixture list). The user will announce this postponement at least 6 weeks before the event. Ticket purchasers are obliged to obtain information about such an announcement in good time. Ticket purchasers’ ticket remains valid in the event of a postponement. If the event is postponed, ticket purchasers are entitled to demand a refund of the ticket price from the user if the non-cancelled original ticket is returned to the user or the third party brought in by them in accordance with Section 5.3 within 2 weeks of the official announcement of the new date by the user.
13.8. If an event within the meaning of Section 13.3 has already begun and is abandoned through no fault of the user after more than one third of the average duration of an event of the type in question, the ticket price will not be refunded.
13.9. In the case of an event that must take place in whole or in part with the exclusion of spectators in accordance with a responsible association or a competent authority, the user is entitled to withdraw from the contract for the purchase of one or more tickets for the event concerned or to block season tickets in return for compensation.
13.10. If there is a legitimate interest, the user is authorised to allocate ticket purchasers a different, equivalent seat to the one shown on the ticket. A legitimate interest exists in particular if the event must take place with the partial exclusion of spectators in accordance with a responsible association or competent authority.
13.11. If there is a right to a refund of the ticket price, only the official ticket price will be refunded. Any advance booking, processing or system fees will not be refunded.
13.12. The user is entitled to change the programme in points that do not represent a significant defining circumstance for the overall picture of the event, without ticket purchasers being entitled to a right of cancellation or return with regard to the ticket based on the programme change. This applies both to football matches in accordance with Section 13.3 and to other events.
13.13. In all cases, refunds of the ticket price will be made exclusively to ticket purchasers.
14. Video and audio recordings
14.1. Recordings of spectators at events: The user and the responsible association in accordance with Section 14.3 or third parties commissioned or otherwise authorised by them (e.g. radio, press) may, in accordance with Art. 6 Para. 1 Sentence 1 f) GDPR, independently of each other, make video and audio recordings that may show the ticket holder as a spectator at the event in question for the purpose of public reporting on the event and the competition and the promotion of them. These video and audio recordings may be processed, used and publicly replayed by the user and the responsible association in accordance with Section 14.3. and the companies affiliated with them in accordance with Section 15 German Stock Corporation Act – AktG as well as third parties authorised by them (e.g. radio, press) in accordance with Art. 6 Para. 1 Sentence 1 f) GDPR.
14.2. If a customer purchases tickets not only for themselves but also for others (ticket holders), the customer must ensure that the contents of this Section 14 are forwarded to the relevant ticket holder; the provisions on the permissibility of forwarding in accordance with Sections 10.2 and 10.3 remain unaffected.
14.3. Responsible association: The following associations are responsible for organising the sporting competitions in which the user participates: a. Bundesliga and Bundesliga 2: DFL Deutsche Fußball Liga e.V. based in Guiollettstraße 44-46, 60325 Frankfurt am Main, Germany, whose operating business is managed by DFL Deutsche Fußball Liga GmbH based in Guiollettstraße 44-46, 60325 Frankfurt am Main, Germany; b. DFB Cup and Bundesliga 3: DFB Deutscher Fußball-Bund e.V. based in Otto-Fleck- Schneise 6, 60528 Frankfurt am Main, Germany; and c. UEFA Champions League and UEFA Europa League: Union of European Football Associations (UEFA) based in Route de Genève 46, 1260 Nyon, Switzerland (“UEFA”).
15. Ban on bringing tape recorders, photo cameras and film and video cameras; ban on audio and video recordings
15.1. Ticket purchasers are permitted to bring cameras to football events; photos taken at the event venue may only be used for private purposes. Commercial use of these photos is prohibited. At all other events, ticket purchasers are not permitted to bring cameras. 15.2. In addition to the ban in Section 15.1, Para. 2, ticket purchasers are not permitted to bring tape recorders or other devices suitable for recording or transmitting sound.
15.3. Furthermore, ticket purchasers are prohibited from making audio, photo, film and video recordings or allowing third parties to make such recordings, with the exception of the case regulated in Section 15.1, Para. 1.
15.4. Ticket purchasers are also prohibited from enabling third parties to follow the event simultaneously or with a time delay at another location using equipment for this purpose.
15.5. The user may authorise exceptions to the bans in Sections 15.1 – 15.4 at its discretion. Ticket purchasers are generally prohibited from commercially using video and audio recordings.
16. Conduct at the event venue
16.1. Ticket purchasers are prohibited from carrying items of any kind at the event venue with the intention of offering them for sale or using them for commercial purposes in any other way. Items carried with this intention or actually offered for sale may be taken into custody by stewards and other authorised persons until the ticket purchaser leaves the event.
16.2. Furthermore, ticket purchasers are prohibited from organising musical or artistic shows or other performances and displays aimed at a large number of people at the event venue.
16.3. Ticket purchasers shall incur a contractual penalty of € 1,000.00 for each case of violation of Sections 16.1 or 16.2 unless the violation is committed innocently. Further claims for damages of the user shall remain unaffected by this, whereby the contractual penalty shall be offset against claims for damages.
16.4. Ticket purchasers are hereby expressly informed that there is a risk of damage to hearing and health at events that use a public address system due to the associated volume, which also depends on the ticket purchasers’ specific location.
16.5. Ticket purchasers are obliged to comply with any official measures to combat the pandemic at the event venue. Ticket purchasers are also obliged to comply with the requirements of the protection and hygiene concept applicable to the event at the event venue. Ticket purchasers are obliged to familiarise themselves with the applicable version of the protection and hygiene concept before attending an event. For the purpose of infection chain tracing, FC Schalke 04 collects ticket purchasers’ data and processes it in accordance with Art. 6 Para. 1 lit. c GDPR.
16.6. To ensure and optimise stadium security and to support the work of regulatory and law enforcement authorities, the stadium and, in some cases, the area surrounding the stadium are monitored by video surveillance in accordance with Art. 6 Para. 1 Sentence 1 f) GDPR in conjunction with Section 4 German Federal Data Protection Act – BDSG. Furthermore, the regulatory and law enforcement authorities also use video surveillance systems on match days under their own jurisdiction to avert danger and prosecute offences in accordance with the statutory provisions applicable in the Federal Republic of Germany. Recordings made using a video surveillance system shall be treated confidentially by the user and regulatory and law enforcement authorities, but may serve as evidence, particularly in the event of suspicion and/or the occurrence of criminal offences. The same applies to video and audio recordings made in accordance with Section 15, which are transmitted to authorities or courts for these purposes by the user or the responsible association in accordance with Section 14.3 upon request in accordance with Art. 6 Para. 1 Sentence 1 c) or f) GDPR. If an event recorded using a video surveillance system is completed without incident, the recordings will be deleted in compliance with the data protection regulations applicable in the Federal Republic of Germany, in particular the GDPR and the BDSG.
17. Contractual penalties
17.1. Ticket purchasers are obliged to pay the user a contractual penalty of € 25.00 if they a. urinate on the grounds of the VELTINS-Arena or on an event venue outside the VELTINS-Arena outside the toilet facilities provided there, b. stick stickers, posters or notices on the grounds of the VELTINS-Arena, inside the VELTINS-Arena or at an event venue outside the VELTINS-Arena, on building parts or accessories of the VELTINS-Arena (e.g. fences, flagpoles, rubbish bins, information signs etc.), c. smoke within designated no-smoking zones on the grounds of the VELTINS-Arena, inside the VELTINS-Arena or within designated no-smoking zones at an event venue outside the VELTINS-Arena.
17.2. The user is entitled to demand a contractual penalty of up to € 300.00 from ticket purchasers who gain access to a block, seat or hospitality area other than that shown on their ticket, unless the violation is committed innocently. The contractual penalty shall be determined by the user at its reasonable discretion and shall be reviewed by the competent court in the event of a dispute. Further claims for damages shall remain unaffected by this, whereby the contractual penalty shall be offset against claims for damages. Schalke also reserves the right to take legal action.
17.3. If ticket purchasers carry pyrotechnics (e.g. bengalos, flares) on the grounds of the VELTINS-Arena, inside the VELTINS-Arena or on an event venue outside the VELTINS-Arena, ignite them or assist in igniting them, they must pay a contractual penalty to the user. The amount of the contractual penalty shall be determined by the user at its reasonable discretion and reviewed by the competent court in the event of a dispute. Further claims for damages shall remain unaffected by this, whereby the contractual penalty shall be offset against claims for damages.
17.4. If ticket purchasers throw items (e.g. beer cups or lighters) at other spectators or onto the pitch in the VELTINS-Arena or on an event venue outside the VELTINS-Arena, they must pay a contractual penalty to the user. The amount of the contractual penalty shall be determined by the user at its reasonable discretion and reviewed by the competent court in the event of a dispute. Further claims for damages shall remain unaffected by this, whereby the contractual penalty shall be offset against claims for damages.
17.5. In the event of unauthorised ticket transfers, the contractual penalty provision in accordance with Section 10.4 shall apply.
17.6. Further claims for damages, injunctive relief or other contractual claims remain unaffected.
18. Ground and stadium regulations/association fines
18.1. Property and stadium regulations: By entering the VELTINS-Arena or the event venue, ticket purchasers shall undertake to observe the stadium regulations displayed in the VELTINS-Arena or at the event venue. The VELTINS-Arena’s stadium regulations can be viewed at any time on the internet under property and stadium regulations at https://schalke04.de/die-veltins-arena/stadionordnung/. By entering the stadium area or event venue, every ticket purchaser recognises the property and stadium regulations and accepts them as binding. The property and stadium regulations apply independently of the validity of these GTC. In the case of events at other venues, the house rules displayed in each case shall apply.
18.2. Special admission conditions: The club is authorised (and possibly obliged) to stipulate special admission conditions for ticket purchases or stadium attendance and to make sure customers or ticket holders comply with these conditions for good cause, e.g. due to protection and security measures ordered by the association, the authorities or the law:
a) The club is entitled to make certain requirements a condition for purchasing tickets or stadium admission and to have the ticket holder prove this as a condition of admission before entering the stadium.
b) The club is authorised to subject ticket purchases or stadium admission to additional regulations, provisions and requirements (e.g. processing of additional personal data and/or processing of existing personal data for other purposes; access to the stadium only during certain time slots; compliance with certain hygiene standards). These will be made available to the customer in good time and must be observed by all ticket holders as soon as they are announced. If such additional regulations, provisions and requirements include the processing of further personal data and/or existing personal data for other purposes, the club will inform the customer or ticket holder in advance in good time in accordance with Article 13 f. GDPR in particular about the specific scope and purposes of the processing.
c) If the customer or ticket holder is unable to fulfil the special conditions of admission in accordance with Section 18.2 a) and b), the club may refuse the tickets purchases or stadium admission. Recourse claims against the club are excluded in such a case.
d) If the club only announces special admission conditions in accordance with Section 18.2 a) and b) after the customer has purchased the corresponding tickets, the customer may withdraw from the contract; in the case of season tickets, this may apply in part with regard to the event concerned. The consequences of withdrawal regulated in Section 13.3 shall apply. There is no right of withdrawal if the special conditions of admission in accordance with Section 18.2. a) and b) were already generally known when the ticket was purchased, or expires at the latest when the customer enters the stadium grounds.
18.3. Protective purpose: The provisions of the property and stadium regulations and these GTC serve to protect the legal interests of players, spectators and all other persons present at events at the VELTINS-Arena or its neighbouring venues, the legal interests of persons who unavoidably or accidentally come into contact with such events, as well as the legal interests of the clubs involved in the respective match (in particular also to protect against the imposition of association fines due to the misconduct of spectators).
18.4. Association fines: The user points out that associations (DFB, DFL, UEFA) will impose substantial association fines if spectators set off pyrotechnics in the VELTINS-Arena or throw items at other spectators or onto the pitch. The user or visiting club is entitled to demand compensation for these association fines from ticket purchasers who set off the pyrotechnics or assisted in setting them off or threw the articles. The same applies to other association fines imposed on the user by the aforementioned associations due to other misconduct by ticket purchasers.
19. Additional provisions for parking tickets
19.1. Any parking tickets purchased are only valid for the event agreed at the time of purchase and designated on the parking tickets, the designated car park and are valid for one vehicle at a time. Parking tickets become invalid upon leaving the car park.
19.2. The surveillance or safekeeping of the parked vehicle or any other activity of the user that goes beyond the mere provision of a parking space is not the subject of the contract that exists between the user and ticket purchasers for purchasing parking tickets. The user points out that it does not insure any parked vehicles; in particular, it does not have any insurance cover against damage or theft.
19.3. Ticket purchasers must remove the parked vehicle from the car park within six hours of the end of the respective event. If the vehicle is still in the car park after this period, the user is entitled to remove the vehicle from the car park at the ticket purchasers’ expense and have it taken into custody by a towing company. The user’s right to demand compensation from ticket purchasers remains unaffected.
19.4. The user may refuse to park the vehicle in the car parks if there are indications that the condition of the vehicle could pose a risk to the operational safety of the car parks if it is driven or parked in the car parks. This notably applies to motor vehicles from which or from the operation of which a risk may be posed to persons or property that goes beyond the normal operational risk of a motor vehicle.
19.5. Parked vehicles must be carefully locked and secured in the usual manner.
19.6. The user may also remove the parked vehicle from the car parks at the ticket purchasers’ expense and have it taken into custody by a towing company if the parked vehicle jeopardises car park operations due to a leaking fuel tank or carburettor or other defects, if the vehicle is not registered, if it otherwise poses a danger or if it is taken off the road by police measures whilst parked. The user’s right to demand compensation from ticket purchasers remains unaffected.
19.7. The user reserves the right to block parking spaces for technical or organisational reasons. In this case, ticket purchasers will be allocated an equivalent and reasonable replacement parking space.
19.8. The provisions of the German Road Traffic Regulations (StVO) apply to car parks and car park access roads. The ticket purchaser must take the necessary care when entering the car park, when parking and when leaving the car park; this also applies if the security staff employed by the user provides assistance by means of signs or other instructions.
19.9. Ticket purchasers must follow the instructions of the security staff employed by the user.
19.10. If ticket purchasers have been allocated a specific parking space for a vehicle by a corresponding reference on the parking ticket, they are obliged to park their vehicle exclusively in the designated parking space; Section 19.9 remains unaffected by this. If ticket purchasers have not been allocated a parking space on the car park ticket or by the security staff, they may choose from the free parking spaces that are not reserved for other persons by means of a corresponding designation. Regardless of whether ticket purchasers have been allocated a specific parking space, they are obliged to park their vehicle within the markings indicating a parking space so that unhindered entry and exit from the neighbouring parking spaces is possible at all times. If ticket purchasers park a vehicle in violation of the aforementioned obligations, the user has the right to move this vehicle at the ticket purchasers’ expense or to have it taken into custody by a towing company. The user’s right to demand compensation from ticket purchasers remains unaffected.
19.11. A stay in the car parks is only permitted for the purpose of parking and collecting vehicles as well as loading and unloading.
19.12. The user shall not be liable for damage caused by persons who are neither legal representatives nor vicarious agents of the user (e.g. other ticket purchasers, other third parties) or by force majeure. This notably applies to damage, destruction or theft of the parked vehicle or movable/installed items from the vehicle (e.g. car radio, car telephone, mobile phone or personal valuables, photographic equipment, navigation systems, etc.) or items attached to or on the vehicle.
19.13. Ticket purchasers are liable for all damage they cause (e.g. as a result of technical defects caused by the vehicle parked by them or a third party authorised by them in the car parks due to oil loss, explosion), unless there is no fault attributable to the ticket purchaser. In addition to the aforementioned claims, the user has statutory claims against ticket purchasers and vehicle owners.
19.14. Ticket purchasers are prohibited from disposing of waste in the car parks outside the facilities provided for this waste by the user. Ticket purchasers are also prohibited from carrying out repairs in the car parks (exception: repairs carried out by authorised emergency breakdown services), washing or cleaning vehicles (exception: removing snow). Ticket purchasers are liable for any breach of these obligations in accordance with the statutory provisions.
19.15. Ticket purchasers shall be liable for any contamination of the soil or groundwater caused by them in accordance with the statutory provisions and shall comply with official or court orders without delay. In the event of a claim being made against the user (whether by the authorities or the courts) for such contamination, ticket purchasers must indemnify the user and compensate the user for any damage arising from the claim, unless there is no fault attributable to the ticket purchaser.
19.16. Any further liability and obligation to indemnify on the part of ticket purchasers in accordance with the statutory provisions shall remain unaffected.
20. Liability
20.1. The liability of the user, its legal representatives and vicarious agents for damages resulting from injury to life, body or health as well as liability under the German Product Liability Act and liability due to a fraudulently concealed defect or the assumption of a quality guarantee is not limited by these GTC. Furthermore, the liability of the user for damages based on an intentional or grossly negligent breach of duty by the user, its legal representatives or vicarious agents is not limited by these GTC.
20.2. If none of the aforementioned cases applies, the user’s liability for damages arising from the breach of an obligation that is essential for the fulfilment of the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and the adherence with which ticket purchasers rely and may rely (essential contractual obligation), is limited to the foreseeable damage typical for the contract. The liability of the user is excluded in all other cases.
20.3. If liability for damages is limited in Section 20.1, this shall also apply to any liability of the user’s vicarious agents and legal representatives.
21. General
21.1. Amendments and changes: In the event of a change in market conditions and/or the legal situation and/or supreme court rulings, even for existing (continuing) obligations, the user is also authorised to amend and/or change these GTC and/or the user’s current price list with a notice period of four weeks in advance provided that this is reasonable for ticket purchasers. Ticket purchasers will be notified of any respective changes in writing. The amendments or changes shall be deemed approved if ticket purchasers have not objected to them in writing or by email within a period of four weeks after receipt of the changes and/or amendments, provided that the user has expressly pointed out the effect of this lack of objection. Any objection by ticket purchasers must be sent to the contact address given in Section 21.6.
21.2. Place of jurisdiction: If ticket purchasers are an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the court responsible for Gelsenkirchen.
21.3. Applicable law: The law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If ticket purchasers place an order as a consumer and its usual residence is in another country at the time of the order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in Sentence 1.
21.4. Partial invalidity: If individual provisions of these GTC are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions or the remaining parts of such provisions.
21.5. Alternative dispute resolution: The EU Commission provides a platform for online dispute resolution. This platform can be accessed at http://ec.europa.eu/consumers/odr/. The user does not participate in dispute resolution proceedings before a consumer arbitration board.
21.6. Contact: Written orders, enquiries, complaints and other correspondence regarding the S04 ticket shop can be sent to the following address: Fußballclub Gelsenkirchen-Schalke 04 e.V., Postfach 200993, 45844 Gelsenkirchen. Telephone: +49 (0) 209 97751877; email: service@schalke04.de.