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Terms and Conditions

Version: v2019_01 | Stand: Braunschweig, 01.05.2026

§ 1 Introduction

(1) YesTicket is operated by YesMomentum GmbH, Braunschweig, and provides a digital Software-as-a-Service (SaaS) platform for the technical support and organization of ticket sales, reservations and event management processes.

(2) YesMomentum GmbH is the sole operator of the YesTicket platform and is solely responsible for the technical provision, operation and further development of the software and the underlying infrastructure.

(3) YesTicket serves exclusively to provide technical support to ticket providers and ticket buyers in the execution of event, booking and ticket processes and provides exclusively a technical provision of the platform without any influence on the contractual content, pricing or economic conditions of the contracts concluded between ticket providers and ticket buyers. The platform does not provide its own organizer services and at no time becomes a contractual partner of the contracts concluded between ticket sellers and ticket buyers.

(4) YesTicket is neither organizer nor broker, nor representative, nor agent and does not provide any economic brokerage services in the legal sense of a brokerage or agency contract. YesTicket also does not act as a vicarious agent of a ticket provider. The platform exclusively provides technical infrastructure in the sense of a SaaS service and has no influence on the conclusion, content or execution of the contracts concluded between ticket providers and ticket buyers. YesTicket only provides technical functions that enable ticket providers to publish their offers and conclude contracts independently.

(5) All offers presented via YesTicket originate exclusively from the respective ticket providers, who are solely responsible for the content, execution, quality, legality as well as the economic and fiscal handling of their events.

(6) The YesTicket offer is primarily aimed at actors from the fields of culture, amateur theater and community events. The platform is geared towards community, cultural and event-related use. YesTicket is entitled to prohibit or restrict use by purely commercial mass users with no cultural or community-related reference, provided this is necessary and proportionate to maintain the integrity of the platform.

(7) The entire offer of the YesTicket.org website is hereinafter referred to as "YesTicket". Persons or organizations offering tickets for events are referred to as "ticket providers". Persons who purchase or reserve tickets, workshop seats or vouchers are referred to as "ticket purchasers". Insofar as these GTC refer to "tickets", this includes all services offered via YesTicket, in particular event tickets, event access, workshop seats and vouchers.

(8) These GTC apply in conjunction with YesTicket's current privacy policy. YesTicket asks all users to read these GTC carefully. YesTicket reserves the right to amend these GTC if this becomes necessary due to legal, regulatory or technical developments and the essential contractual obligations are not unreasonably changed to the detriment of the ticket provider. The amended terms and conditions will be sent to the ticket providers by e-mail at least six weeks before they come into force. If a ticket provider does not object to the validity of the new GTC within six weeks of receipt of the e-mail, the amended GTC shall be deemed to have been accepted. YesTicket will separately point out the significance of the six-week period and the legal consequences of silence in the amendment e-mail. Existing contractual relationships remain unaffected until the new conditions come into effect.

(9) The offer to use YesTicket as a ticket provider is aimed exclusively at commercial, independent or institutional organizers. This includes in particular sole proprietorships, freelancers, partnerships (such as GbRs), corporations, registered associations, foundations and public institutions (entrepreneurs within the meaning of § 14 BGB). Use of the platform as a ticket provider by purely private individuals (consumers within the meaning of Section 13 BGB) is excluded.

(10) These GTC are provided in German and can also be translated into other languages (e.g. English, French, Spanish). Only the German version shall be authoritative. Translations are for information purposes only. In the event of contradictions between language versions, the German version shall take precedence.

§ 2 The contractual relationship between the ticket provider and YesTicket

(1) A ticket provider registering with YesTicket for the use of the service agrees to these T&Cs upon registration. YesTicket provides a SaaS infrastructure and is not an intermediary in the legal sense of travel or brokerage law.

(2) YesTicket is not itself the organizer of the event offered. The organizer and thus issuer of the ticket is listed on each ticket and voucher and is named on the respective YesTicket websites. The contractual relationship for attending the event is established exclusively between the ticket provider and the ticket purchaser. The ticket provider bears sole responsibility for the organization, content, quality and success of the event as well as for all associated legal obligations. Additional general terms and conditions of the event organizer or venue may apply. In this case, the ticket provider is obliged to present these to the ticket purchaser at the respective event.

(3) YesTicket acts on behalf of the ticket provider as a technical service provider. YesTicket is not a broker, representative or agent and does not provide any commercial brokerage services. YesTicket's service includes the presentation of the ticket provider's offer on the website, a technical forwarding or interface to external payment providers without being involved in the payment process itself, as well as technical support in the transmission of tickets or vouchers to the ticket purchaser and administration pages for the bookings for the ticket provider.

(4) Since YesTicket is only a technical platform provider and the ticket provider offers and is responsible for the event, YesTicket excludes the assumption of organizer liability for events of the ticket provider. YesTicket is not liable for the content, quality, execution or success of the events offered by the ticket provider. YesTicket will pass on any inquiries or claims against the organizer to the ticket provider, and the latter undertakes to settle them. So that this is clearly recognizable and understandable for the ticket purchaser, YesTicket names the ticket provider on all tickets issued and on the booking pages.

(5) The ticket provider indemnifies YesTicket against all claims asserted against YesTicket by other ticket providers or other third parties (including authorities) due to an infringement of their rights for which the ticket provider is responsible through content posted by the ticket provider on the YesTicket platform or due to other non-contractual use of the platform or event organization by the ticket provider.

(6) This includes, in particular, indemnification against claims arising from copyright infringements, trademark infringements, data protection violations, lack of consent, GEMA or other music rights, incorrect or missing imprint information and incorrect tax information.

(7) The organizer shall indemnify YesTicket against all third-party claims based on unlawful data processing for which the ticket provider is responsible.

(8) The ticket provider shall assume the necessary costs of YesTicket's legal defense, including all court and attorney's fees in the statutory amount. This indemnification obligation only applies insofar as the ticket provider is responsible for the legal infringement.

(9) If the ticket provider offers vouchers via the platform, he is solely responsible for their validity, redemption and the financial equivalent. YesTicket assumes no guarantee or liability for the coverage or payment of voucher values, especially not in the event of an event cancellation, insolvency or dissolution of the ticket provider's group. Any claims by ticket purchasers for payment or reimbursement of residual values are directed exclusively against the ticket provider.

§ 3 Use of the YesTicket service as a ticket provider

(1) The ticket provider is obliged to:

  • To provide a complete and correct legal notice and its own privacy policy on its profile or for its events. The ticket provider is obliged to fulfill all legal information obligations, in particular according to § 5 TMG and the GDPR, on its own responsibility and to keep them available on its event pages.
  • To provide sufficient information and visual material to meet the requirements of valid contracts and to provide accurate, correct and complete information to ticket purchasers.
  • to keep information and images up to date so that accurate, correct and complete information is available to ticket purchasers at all times.
  • To cooperate with YesTicket to ensure the best possible service for ticket purchasers; otherwise YesTicket reserves the right to reject the ticket provider's application or to terminate the contractual relationship.
  • Clearly communicate the ticket provider's cancellation policy to the ticket purchaser.
  • To inform the ticket purchaser in a legally compliant manner about the existence or non-existence of a right of withdrawal (in particular with regard to Section 312g (2) No. 9 BGB) in its own terms and conditions.
  • To make regular backups of his data processed on YesTicket (in particular buyer and event data) on his own systems, appropriate to the risk, in order to avoid data loss in the event of a system failure.
  • To maintain a customer service for ticket purchasers that guarantees at least regular availability by e-mail. The processing of all event- and transaction-specific inquiries from ticket purchasers is the sole responsibility of the ticket provider.
  • If the ticket provider uses the digital hall and seating plan function, he is solely responsible for ensuring that the plan created in YesTicket corresponds to the actual physical conditions at the venue. The ticket provider is responsible for ensuring that all official and fire protection regulations (e.g. Assembly Venue Ordinance) are complied with. YesTicket is not liable for inconveniences such as double bookings or missing seats resulting from incorrect configuration of the seating plan by the ticket provider.

(2) YesTicket may only be used to offer tickets for its own events. YesTicket strives for an annual average availability of the SaaS platform of 98% at the transfer point (router output of the data center). This excludes times when the web server cannot be reached via the internet due to technical or other problems beyond YesTicket's control (force majeure, fault of third parties), as well as announced maintenance windows.

(3) The access of ticket providers can be suspended or terminated in the event of suspected fraud, use for illegal activities, behavior that damages the system or massive use without cultural reference. Access will not be blocked without giving reasons, but only for good cause. In accordance with the provisions of the Digital Services Act (DSA), YesTicket will provide the ticket provider with a clear and specific reason in the event of a blocking or removal of content and refer to the internal complaint options. Good cause exists in particular in the event of significant or repeated violations of legal regulations or these GTC. Likewise, we do not tolerate events that violate applicable law or degrade human dignity. YesTicket reserves the right to exclude ticket providers from the service at any time for good cause or to maintain the integrity of the platform. As far as possible and reasonable, the ticket provider will be informed prior to blocking and given the opportunity to comment.

§ 4 Payment methods

(1) YesTicket is a technical marketplace for tickets. YesTicket does not accept money from ticket buyers at any time and is not involved in payment processing; all payment flows take place exclusively between the ticket buyer and the respective payment service provider or ticket provider. YesTicket is not a payment service provider within the meaning of the ZAG. At no time does YesTicket have access to payment information or influence on the authorization, execution or confirmation of the payment.

(2) YesTicket at no time acquires possession or control over funds, does not provide any payment service, does not carry out any economic transmission of funds and there is no fiduciary relationship. YesTicket can be used without payment transactions (reservation with payment at the box office). In the case of online payment, this is processed directly between the ticket provider, ticket purchaser and the respective external payment provider. The cash flow never takes place via YesTicket accounts.

(3) YesTicket acts purely as a technical service provider. YesTicket has no authorization to accept payments with debt-discharging effect for the ticket provider. There is no collection mandate; payment processing is carried out autonomously via the payment provider connected by the provider.

(4) YesTicket does not store any payment information (such as credit card data) from the ticket provider, but directs the ticket buyer directly to the payment system of the ticket provider. YesTicket only stores the transaction ID of the payment provider for allocation.

(5) Any refunds, cancellations or corrections of payments shall be handled entirely by the ticket provider in cooperation with its payment provider. Refunds and any reversals are made exclusively between the ticket provider and the ticket purchaser.

§ 5 The contractual relationship between payment provider & YesTicket

All payments are processed by external payment providers (e.g. PayPal, Stripe, WERO, Twint). Accordingly, the ticket providers are bound by the respective terms and conditions of the payment providers. YesTicket has no business relationship with any payment provider in the sense of joint liability or commission sharing. YesTicket receives neither commissions nor other benefits from ticket sales. YesTicket is expressly not liable for the technical or financial processing between the ticket provider, ticket purchaser and payment provider.

§ 6 The contractual relationship between the ticket purchaser and YesTicket

(1) As a technical service provider, YesTicket merely provides the platform and has no direct service contract with the ticket purchaser for the event. YesTicket is not a broker, representative or agent and does not provide any commercial brokerage services.

(2) The provision of the event service is the sole responsibility of the ticket provider. The self-service tools provided by YesTicket (e.g. for cancelations or rebookings) are purely technical aids; the legal effect and decision-making authority for such processes remains with the ticket provider.

(3) The presentation of the event does not constitute a binding offer. The binding offer is made by the ticket provider and accepted by the ticket purchaser as part of the booking process. The contract is concluded exclusively between the ticket provider and the ticket purchaser. The specific procedure for the conclusion of the contract (in particular the time and technical steps) is determined by the ticket provider in the respective booking process.

(4) The ticket provider is solely responsible for all service requests. The ticket provider bears full organizer liability. Claims of the ticket purchaser can only be asserted against the ticket provider.

§ 7 Fees and prices

(1) The basic version of YesTicket can be used free of charge. In order to ensure the long-term operation, security and continuous technical development of the platform, YesTicket offers the ticket provider the opportunity to make a voluntary solidarity contribution ("pay-what-you-can" model). The amount of this contribution is determined by the ticket provider itself at its own discretion and according to its economic capacity; there is no obligation to pay for the use of the basic functions. Any solidarity contribution made shall include the applicable statutory value added tax. YesTicket will issue the ticket provider with a proper invoice for this. The payment of the voluntary contribution does not give rise to any legal claim to the implementation of individual function requests, exclusive support or a performance guarantee that goes beyond the general system availability. YesTicket reserves the right to introduce fee models for specific additional functions or to change existing fees for the future. Such changes will be communicated to the ticket provider in accordance with the procedure for amending the GTC regulated in Section 1 (8) and require the consent regulated therein.

(2) The ticket provider is solely responsible for correct tax processing. The ticket provider alone bears all tax obligations (in particular VAT) and is responsible for the correct invoicing of the ticket purchaser. YesTicket does not carry out a tax check of the offers. The Ticket Provider is responsible for determining whether and to what extent it is obliged to declare, collect and pay taxes. If the ticket provider uses the automatic invoicing function provided by YesTicket, YesTicket merely acts as a technical generator of the PDF documents in the name and on behalf of the ticket provider. YesTicket is responsible for the tax and formal correctness of the bookings and invoices (e.g. correct tax rates, consecutive invoice numbers, references to the small business regulation). YesTicket is not an accounting system within the meaning of the GoBD. Legally compliant, unalterable archiving and compliance with all retention obligations under tax and accounting law are the sole responsibility of the ticket provider.

(3) Insofar as fee-based additional functions or fee models have been agreed, the fees can be collected automatically either by SEPA direct debit via the payment service provider Stripe or via the payment service provider PayPal. For this purpose, the ticket provider issues YesTicket with a corresponding SEPA direct debit mandate or a direct debit agreement via PayPal. The deadline for the SEPA pre-notification is reduced to 1 day. If the direct debit fails for reasons for which the ticket provider is responsible (e.g. insufficient funds), the ticket provider shall bear the full amount of the resulting chargeback or transaction fees.

(4) Bietet der Ticketanbieter Veranstaltungen auf Spendenbasis ("Auf Hut") oder 0-Euro-Tickets an, verarbeitet YesTicket diese administrativ. YesTicket stellt in keinem Fall Zuwendungsbestätigungen (Spendenquittungen) im steuerrechtlichen Sinne aus. Die Prüfung der gesetzlichen Voraussetzungen sowie die Ausstellung solcher Bescheinigungen gegenüber dem Ticketkäufer obliegen bei Vorliegen der Gemeinnützigkeit allein dem Ticketanbieter.

§ 8 Right of withdrawal

The contractual partner for all questions of revocation or return is exclusively the ticket provider.

§ 9 Storage of data

YesTicket stores the data on servers in Germany. An order processing contract (AVV) is in place with the data center operator.

§ 10 Handling of personal data of ticket providers

YesTicket uses personal information in accordance with the Privacy Policy. Only data that is necessary for the service is requested.

§ 11 Handling of personal data of ticket purchasers

(1) The processing of personal data by YesTicket is carried out exclusively on the documented instructions of the ticket provider within the meaning of Art. 28 GDPR. YesTicket does not determine the purposes of data processing in the relationship between the ticket provider and the ticket purchaser. YesTicket accepts no liability for incorrect or unlawful instructions from the ticket provider. Insofar as YesTicket processes personal data to ensure technical operation, IT security and to prevent misuse, it does so under its own responsibility within the meaning of Art. 4 No. 7 GDPR.

(2) The ticket provider is the "controller" within the meaning of the GDPR, YesTicket is the "processor". The parties shall conclude a separate data processing agreement (DPA) to specify the data protection obligations. This is an integral part of the main contract and is confirmed electronically as part of the onboarding process.

(3) The ticket provider agrees that:

  • it fulfills all data protection information obligations towards the ticket purchaser.
  • he bears sole responsibility for the lawfulness of the data processing.
  • it uses the transmitted data only for the purpose of carrying out the respective event or in accordance with an express consent (newsletter).

(4) YesTicket processes customer data only in accordance with the instructions of the ticket provider for the provision of the service. YesTicket is not liable for claims by ticket purchasers resulting from processing or omission by the ticket provider in accordance with instructions.

(5) The organizer shall indemnify YesTicket against all third-party claims based on unlawful data processing for which the ticket provider is responsible.

(6) If the ticket provider uses interfaces (APIs/webhooks) to transfer ticket buyer data to its own third-party systems (e.g. external newsletter or CRM tools), the ticket provider is solely responsible for the legally compliant design (e.g. existence of consents, conclusion of necessary order processing contracts with the third-party providers).

§ 12 Close YesTicket account

Ticket providers can terminate their registration at any time. This can be requested in the login area of the ticket provider.

§ 13 Copyright and rights of use

(1) The intellectual property of the YesTicket platform belongs to YesMomentum GmbH. The ticket providers undertake to use only texts and materials (images, music, videos) for which they hold all necessary rights of use (including GEMA licenses).

(2) The ticket provider indemnifies YesTicket against all third-party claims arising from copyright infringements, insofar as the ticket provider is responsible for these. YesTicket will take the necessary measures after receiving a substantiated notification of illegal content (notice-and-action). Blocking will be carried out in accordance with the provisions of the Digital Services Act (DSA) with notification of the provider and reference to its complaint options. Reports of illegal content can be made via the contact options provided on the platform.

(3) For the duration of the contract, the ticket provider grants YesTicket a simple, geographically unlimited right to reproduce and make publicly accessible the content posted on the platform for the contractual provision of services (presentation and processing of events).

(4) YesTicket offers functions for obtaining feedback from ticket buyers after events and displaying it as testimonials. The ticket provider is entitled to use this feedback within the scope of the functions provided on YesTicket. If the ticket provider wishes to use the feedback from ticket buyers for its own advertising purposes outside the YesTicket platform, it is responsible for obtaining the necessary rights of use and data protection consent from the ticket buyers. YesTicket is also not liable for offensive, untrue or otherwise unlawful content in the feedback from ticket purchasers.

§ 14 Exclusion and limitation of liability

(1) YesTicket endeavors to ensure high availability, but does not assume any guarantee. Liability for damages resulting from temporary unavailability is excluded, except in cases of willful misconduct or gross negligence.

(2) In the event of a slightly negligent breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), YesTicket's liability is limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.

(3) The parties agree that the typical contractual damage per case of damage shall not exceed the sum of the fees paid by the ticket provider to YesTicket in the last twelve months prior to the occurrence of damage. If the use is free of charge for the ticket provider or the fees paid in the last twelve months are less than €1000, the liability for the foreseeable damage typical for the contract is limited to a maximum amount of €1000 per case of damage, insofar as this is reasonable taking into account the type and scope of the services provided. Otherwise, liability for simple negligence (insofar as no cardinal obligation is affected) is completely excluded.

(4) The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of intentional or fraudulent conduct or in the event of mandatory statutory liability, in particular under the Product Liability Act.

(5) YesTicket does not check the content of ticket providers in advance and does not adopt it as its own. YesTicket has no obligation to check content (such as texts, images, events, prices, legality) in advance. The content of the events is entirely the responsibility of the ticket provider; this includes in full the legality, copyrights, trademark rights, GDPR, GEMA, all content, prices and descriptions. YesTicket acts as a neutral technical service provider and does not evaluate or select the content posted by ticket providers.

(6) YesTicket is not obliged to check the content posted by ticket providers for legality, correctness or completeness. YesTicket does not adopt the content of the ticket providers as its own and is not responsible for the legal conformity of the provider content. YesTicket is not liable for the accuracy of the content posted by the ticket provider (texts, images, links) or for the quality or execution of the events. In the event of termination of the service, liability for consequential costs (e.g. system conversion) is excluded.

(7) As a technical service provider within the meaning of the Digital Services Act, YesTicket only provides the technical provision of the platform and is not obliged to proactively monitor the information transmitted or stored by ticket providers for legal violations or to investigate circumstances that indicate illegal activity.

(8) YesTicket does not obtain knowledge of content in the legal sense until it is brought to its attention by a report, official order or other concrete indications of possible unlawful behavior. However, as soon as YesTicket obtains knowledge of unlawful content, in particular through a report via the reporting and remedial procedure provided in accordance with the Digital Services Act, YesTicket will immediately block or remove the content concerned and carry out the further procedure in accordance with the legal requirements. This includes informing the reporting party and the affected ticket provider about the decision made and the existing complaint options.

(9) YesTicket provides technical aids such as a cell phone scanner for admission control. YesTicket accepts no liability for delays or failures during admission caused by a faulty or insufficient internet connection at the venue, hardware problems on the ticket provider's end devices or temporary app failures. The ticket provider is required to always have a backup system (e.g. a printed or locally stored box office list) available for admission.

(10) When using marketing tools (such as discount codes, voucher campaigns or affiliate links), the ticket provider is solely responsible for the correct creation and configuration (e.g. amount of the discount, validity period, limits). YesTicket is not liable for lost revenue or other financial losses incurred by the ticket provider due to incorrect settings in these self-service tools.

(11) To the extent that YesTicket provides the ticket provider or ticket purchaser with AI-powered features (e.g., the AI campaign generator for marketing copy or support tools), these are purely non-binding technological aids. The generation of content is based on automated algorithms from external interfaces. The ticket provider is obligated to independently verify all AI-generated content, responses, and recommendations for accuracy, completeness, copyright compliance, trademark rights, and compliance with competition law prior to publication or promotional use. YesTicket assumes no liability for damages, lost revenue, or legal claims arising from erroneous, misleading, or impermissible AI outputs (so-called “hallucinations”).

§ 15 Dispute resolution

You can find our e-mail address in the legal notice. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 Final provisions

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Braunschweig, provided that the ticket provider is a merchant, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of these GTC be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

 

Stand: Braunschweig, 01.05.2026