Conditions
General Merchandising Terms and Conditions of VfB Stuttgart 1893 AG
1. Scope of Application
(1) Subject to differing individual agreements, VfB Stuttgart 1893 AG (“VfB”) sells, dispatches and delivers fan merchandise exclusively in accordance with the following General Merchandising Terms and Conditions (“Merchandising Terms”) in the version valid at the time of the order. Conflicting or differing terms and conditions of business of the business partners shall not become part of the contract even if VfB provides service without reservation.
(2) These terms and conditions shall apply from 01.11.2021.
2. Postal Address, Communication Data ("Contact Address")
The postal address and other communication data of VfB are as follows:
(1) Postal address: VfB Stuttgart 1893 AG, Mercedesstraße 73 B, 70372 Stuttgart (Bad Cannstatt).
(2) Fax hotline: +49 (0) 711 - 55 007 88 111
(3) Telephone hotline: +49 (0) 711 - 99 33 1893; current availability can be found at shop.vfb.de
(4) By internet: shop.vfb.de or by e-mail address: service@vfb-stuttgart.de.
3. Contract Conclusion Offer
The catalogues, brochures and websites of VfB do not yet contain a legally binding offer within the meaning of § 145 of the German Civil Code (BGB) for the conclusion of a contract. A legally binding offer to conclude a purchase contract is only made by the customer, who can make this offer by placing an order with VfB by post, by fax, by telephone, by e-mail or on the VfB Stuttgart website via the communication data specified under II.
4. Conclusion of Contract by Acceptance of Offer
(1) VfB can accept an offer made by the customer in absentia within 5 days. The contract is concluded if the customer receives a declaration of acceptance from VfB within this period or if the goods are delivered with acceptance of the offer made by the customer.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, VfB shall inform the customer of this immediately. If the product is permanently unavailable, VfB shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) Alcoholic beverages may only be ordered by persons of legal age. The range of wines and spirits and other alcoholic beverages is intended exclusively for persons over the age of 18. Orders for alcoholic beverages placed by a person under the age of 18 shall have no legal effect. By ordering alcoholic beverages, the customer affirms that he/she is of legal age. In cases of doubt, VfB requests proof of age, which must be sent by fax to +49 (0) 711 - 55 007 88 111, quoting the order number, or by e-mail to service@vfb-stuttgart.de. In addition, when shipping alcoholic beverages, the age of the customer will be checked by the shipping service provider so that the order will not be delivered to persons under 18 years of age.
5. Right of Withdrawal, Exchange of Goods
Insofar as the customer is entitled to a right of withdrawal, he will be informed of this separately in the online shop at shop.vfb.de/en/cancellation. In the event that the customer is entitled to a right of withdrawal, he may also demand the exchange of the goods under the conditions of withdrawal.
6. Terms of payment, prices, shipping costs, possibility of partial deliveries
(1) VfB currently offers the following payment options, but reserves the right to limit the payment options offered; the customer has no right to use a particular means of payment.
Ø By credit card (VISA, Mastercard). In this case, the full credit card number and the validity date of the card as well as the card verification number must be given when ordering.
Ø by SEPA core direct debit, provided that the customer has issued VfB with a SEPA core direct debit mandate or an earlier direct debit mandate has been converted into a SEPA core direct debit mandate: In this case, the name of the customer and account holder, their IBAN and the BIC or SWIFT code of the credit institution with which the account is held must be stated when the order is placed. The direct debit will be collected from the agreed account on the due date, at the earliest three days after the invoice and the SEPA pre-notification have been sent. The period for the pre-notification is thus reduced to three days. The due date results from the invoice. The customer warrants to ensure that the account is covered. Any refunds will be initiated exclusively by VfB and not by the customer initiating a return debit note. Costs incurred as a result of a unpaid or reversed direct debit shall be borne by the customer if the customer or the account holder named by the customer or the customer's banking institution is responsible for the non-payment or reversal.
Ø via PayPal. Pay online with your PayPal account.
Ø By VfB voucher card. VfB voucher cards can be used to purchase fan merchandise, arena tours and tickets. Vouchers are not discountable.
(2) The prices shown in the catalogues, brochures and on the websites of VfB include the statutory value added tax levied in Germany at the time of conclusion of the contract. Only the invoice prices of VfB at the time of the conclusion of the contract are determinative (see IV. above).
(3) In addition to the prices stated in paragraph (2), the customer shall pay shipping costs of EUR 5.90 per order for online orders in Germany. For deliveries to other countries within the EU, a delivery fee of EUR 13.90 is charged. For deliveries to countries outside the EU, the shipping costs amount to EUR 33.00. Any further shipping costs shall be borne by VfB. However, any customs or import duties shall be borne by the customer. Deviations from the above shipping costs may arise in exceptional cases (e.g. sales promotions) due to unilateral determination by VfB.
(4) VfB is entitled to make partial deliveries if this is reasonable for the customer.
6. Retention of Title
The delivered goods shall remain the property of VfB until full payment of the claims of VfB resulting from the respective business relationship with the customer.
7. Warranty
(1) The customer shall be entitled to the statutory warranty rights unless otherwise stipulated below. Defective goods must be sent together with the delivery note, a copy thereof or a copy of the invoice issued to VfB (for contact address see II. (1)) or, if stated on the return note, to Schmalz + Schön Logistics GmbH Region Stuttgart (Düsseldorfer Str. 9-11, 71332 Waiblingen). In this case, the transport costs shall be borne by VfB.
(2) In the event of a warranty claim, VfB shall, at the customer's discretion, repair the delivered goods or replace them with goods free of defects. In the case of commercial customers, VfB has the right to choose.
8. Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (“cardinal obligations”) as well as liability for other damages based on an intentional or grossly negligent breach of duty by VfB, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, VfB shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of VfB if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as VfB has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as VfB and the customer have reached an agreement on the quality of the item.
9. Data Protection
The data protection information of VfB is available at https://shop.vfb.de/en/data-protection.
10. Place of Performance / Jurisdiction, Commercial Register Number and VAT Identification Number, Conciliation Body
(1) If the customer is a merchant in terms of the Commercial Code (“HGB”), Stuttgart is the place of fulfilment for all obligations arising from the contractual relationship with VfB.
(2) Insofar as the customer is a merchant or has no general place of jurisdiction in Germany, Stuttgart shall be the place of jurisdiction for any disputes arising from or in connection with the contractual relationship, insofar as this is permissible under German law.
(3) VfB Stuttgart 1893 AG is entered in the Commercial Register at the Stuttgart District Court under the registration number HRB 7615.
(4) Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.
11. Applicable Law
The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12. Severability clause
Should individual clauses or parts of clauses be invalid, this shall not affect the validity of the remaining provisions.
General Ticket Terms and Conditions (ATGB) of VfB Stuttgart 1893 AG
June 2025
1. Scope of Application
1.1 All legal relationships established by the purchase and use of admission tickets, i.e. day tickets and/or season tickets and/or other admission tickets such as free tickets of any kind, (hereinafter: "tickets") of VfB Stuttgart 1893 AG (hereinafter: "VfB") for events at least co-organized by VfB, in particular all soccer matches of the professional team or other teams of VfB (in particular the U21 or the VfB women’s team) as well as stadium tours in the MHP Arena Stuttgart, subject to these GTC. By purchasing or using a ticket, the respective purchaser or holder accepts the validity of these ATGB. This also applies if the events take place at a VfB venue other than the MHP Arena Stuttgart.
1.2 These GTC shall also apply accordingly to the legal relationship established by the pur-chase and/or use of tickets entitling the holder to enter stadiums at VfB away matches ("away tickets") if the away tickets are purchased from VfB. Other regulations (e.g. gen-eral terms and conditions, stadium regulations of the home club) may apply at the latest upon entry to the stadiums for away matches. Should these ATGB contradict regulations of the home club, these ATGB shall take precedence in the relationship between the purchaser and VfB.
2. 2. Ticket ordering, Right of withdrawal, Offer acceptance, Performance item
2.1 Tickets for events organized by VfB and away tickets can only be ordered from VfB or its authorized sales outlets. VfB is entitled to limit the number of tickets that can be ordered per purchaser at any time. VfB reserves the right to offer individual order types only to certain customers.
2.2 Orders cannot be changed, cancelled, or withdrawn afterward. Until the contract is con-cluded, VfB reserves the right, at its sole discretion, to refuse or cancel the order.
2.3 Even if VfB offers tickets via remote communication channels within the meaning of § 312c (2) BGB (German Civil Code) and thus a distance contract may exist in accordance with § 312c (1) BGB, there is no right of withdrawal for the purchaser when purchasing a ticket in accordance with § 312g no. 9 BGB. This means that there is no two-week right of withdrawal and return. Each offer or order for tickets is therefore binding immediately after confirmation by VfB and obliges the customer to accept and pay for the tickets ordered.
2.4 When ordering a ticket online, the buyer is obligated to provide correct information regarding their name, address, and delivery details. VfB reserves the right to verify the information provided during the order if there is suspicion that the ticket order contra-dicts these terms and conditions, particularly the regulations in section 9. This verifica-tion may require the submission of a copy of the ID card (or another identification document), with the ID number (serial number, access number) redacted. VfB may with-draw from the contract if the verification is not provided within a reasonable time frame or if incorrect information is provided. This verification is carried out in accordance with Art. 6 (1) f) of the EU General Data Protection Regulation (“GDPR”) aimed at combating the black market and ensuring the safety of all stadium visitors, maintaining the social pricing structure, and ensuring widespread availability of tickets for fans. In case of in-correct information, section 11.2 e) applies. The data in the ID will only be processed for identity verification and will be completely deleted within a week, in accordance with data protection regulations.
Any ticket purchase
(a) using (semi-)automated methods designed to bypass restrictions on the number of tickets that can be purchased by a person or other regulations applicable to ticket sales (so-called bot purchases) or
(b) using an account based on the creation of false identities or address data, in partic-ular using fantasy names or addresses, fictitious names or addresses, or the names or addresses of other persons (so-called fake accounts)
,-is prohibited and entitles VfB to refuse or cancel an order, as well as impose a contrac-tual penalty in accordance with section 12.
VfB is also entitled to refuse or cancel an order and to impose a contractual penalty in accordance with section 12 if there are other compelling indications justifying the rea-sonable suspicion that the tickets purchased by the buyer are intended for resale on the unauthorized secondary market. Such compelling indications exist in particular if tickets previously purchased have not been used or have been used only to a very limited extent by the buyer themselves, if tickets purchased by the buyer have already been offered for sale on the unauthorized secondary market on multiple occasions, if tickets have been transferred multiple times using anonymous communication channels (e.g., anonymous messenger services such as Telegram and/or chats and/or groups on social media) and anonymous platforms, or if conspicuous credit card data or IP addresses assigned to multiple accounts have been used.
If the buyer registers for the online ticket purchase in the online shop, they must create a personal password. The buyer is responsible for ensuring that no unauthorized third parties gain access to their password. The buyer is liable for any misuse by third parties in this context, unless they are not at fault for the misuse.
Before submitting a binding offer, the buyer must confirm by clicking the relevant box that they have read the terms and conditions and agree to their application.
Only by clicking the "Order with Payment Obligation" button is the order securely trans-mitted to VfB; by doing so, the buyer makes a binding offer to purchase the selected ticket(s).
VfB accepts this offer by (possibly electronic) sending the ordered tickets.
2.5 In the case of an order not made online, the contract is only concluded when VfB ac-cepts the offer made by the buyer to purchase a ticket by (possibly electronic) sending or depositing the ticket to the buyer.
2.6 By concluding the contract with VfB, the buyer acquires the right to attend the event in accordance with these terms and conditions. VfB fulfills its obligations by granting access to the event to the respective ticket holder once, or in the case of away tickets, by handing over/sending/making the ticket available as agreed to the buyer or on their behalf. Only one person is entitled to access per ticket.
2.7 VfB, as the issuer of the tickets, does not intend to grant access to events at the stadium to every ticket holder, but only to those who have purchased the tickets directly from VfB or an authorized sales outlet, or in accordance with a permitted transfer under section 9.4. Therefore, VfB grants access rights ("Access Right") only to buyers who have purchased the tickets from VfB or an authorized sales outlet and are identifiable by the personalization features on the ticket (e.g., name printed on the ticket, block/row/seat information, reservation number, customer number, ticket number, QR code) and/or to sec-ondary buyers who have lawfully acquired tickets under section 9.4. To verify their identity, the buyer must carry an appropriate official identification document (e.g., ID card, passport) and present it upon request by VfB and/or security personnel. The buyers and ticket holders are obligated to indicate, upon request by VfB, how and at what price they acquired the tickets when entering events at the stadium. Tickets that are offered for sale on platforms not authorized by VfB or by other third parties do not grant an access right under this section 2.7 and may result in legal consequences according to sections 9.5 and 12. VfB fulfills its obligations regarding the access rights of the buyer or the respective ticket holder by granting one-time access to the event(s). VfB is also released from its obligation to perform if the ticket holder has not acquired a valid access right under this section.
2.8 VfB may, at its discretion, offer tickets in combination with the right for the buyer to use public transportation within the respective fare zone for travel to/from the stadium ("Combo Ticket"). The responsibility for the transportation service related to the Combo Ticket re-mains solely with the respective public transport operator.
3. Payment Terms
3.1 The amount of the individual prices is determined by the current price lists of VfB. Orders are generally processed via advance payment (credit card, debit card, SEPA direct debit, bank transfer, online payment services, or cash). VfB reserves the right to offer certain payment methods only to specific customers. The direct debit will be collected from the agreed ac-count on the due date, which is at the earliest three days after the invoice and SEPA pre-notification (Pre-Notification) have been sent, provided that a SEPA basic mandate has been granted to VfB in advance. The due date is indicated on the invoice. The buyer ensures that the account has sufficient funds. Any costs incurred due to the non-payment or reversal of the direct debit will be borne by the buyer if the buyer, the account holder designated by them, or their bank is responsible for the non-payment or reversal.
3.2 The invoice will be sent to the buyer in paper form or electronically, at VfB's discretion.
3.3 The invoice amount must be paid within the payment period. If payment is not made within the period or if there is insufficient credit card or account coverage, VfB is entitled to cancel the order without further notice or to electronically block the corresponding tickets; the respective tickets shall become invalid. Until full payment has been made, the tickets issued to the customer remain the property of VfB. Any additional costs incurred shall be reim-bursed by the buyer. The assertion of claims for damages is expressly reserved in this case.
3.4 Different provisions may apply for the sales outlets authorized by VfB.
4. Ticket Selection
If the buyer has agreed to this, VfB is entitled, in the event of the desired category being sold out, to assign the buyer tickets from the next higher or lower category and/or a smaller number of tickets.
5. Ticket Shipment / Terms and date of delivery
5.1 The shipping of the tickets is at the buyer's expense. The risk of loss or damage to the tickets during shipping is borne by VfB. The choice of the transport company is made by VfB, who provides the transport company with the buyer's shipping data for contract fulfillment in accordance with Art. 6 (1) b) of the EU General Data Protection Regulation ("GDPR").
5.2 In the case of electronic ticket delivery (e.g., print@home or mobile tickets), the buyer will receive the ordered tickets electronically (e.g., by email) in the form of a 2D barcode and in PDF format or for retrieval via a mobile app. No shipping fees are charged for the delivery of electronic tickets. The 2D barcode for access to the stadium grounds must be made perma-nently available on the mobile device (e.g., smartphone) or printed in high readability on A4 paper and carried to the event. Unreadable 2D barcodes or printouts that are not due to VfB's fault do not generally entitle access to the stadium grounds. Access to the stadium may also be denied if technical failures, clearly attributable to the ticket holder (e.g., defec-tive smartphone, unreadable printout, etc.), prevent electronic access control from being possible.
5.3 If timely delivery of the ticket cannot be guaranteed in the case of a last-minute order, VfB may leave the tickets for the buyer at the stadium. A valid official identification of the buyer, as well as, if necessary, a written authorization from the buyer, will be required for pickup.
6 Complaints
6.1 The buyer is obligated to check the tickets upon receipt for their accuracy regarding the number, price, date, event, and venue. A complaint regarding obviously defective tickets must be made immediately, within seven days of receipt of the tickets by the buyer, in writing to the address mentioned below in section 14. The receipt date of the complaint is determined by the postal receipt stamp, the fax transmission report, or the email transmission protocol. After the expiration of the complaint period, no claims for return or reordering of the tickets exist, even in the case of obvious errors.
6.2 VfB must be notified immediately about the loss, i.e., any involuntary loss, of tickets pur-chased from them that were not sent as electronic tickets (print@home or mobile tickets) via the contact address (section 14) in writing (email is sufficient), by fax, or by postal mail. Loss is assumed if the ticket has not been received by the buyer within 7 working days after the shipping confirmation.
6.3 In the case of the delivery of an electronic ticket (print@home or mobile tickets), the buyer is obligated to check whether they have received the electronic ticket at the email address provided after completing the order process. A complaint about a non-received electronic ticket must be made immediately and in a timely manner, allowing VfB to verify and, if nec-essary, reissue the ticket before the relevant event. Late complaints, particularly those re-ceived on the day of the event or later, cannot be considered.
6.4 VfB is entitled to block these tickets immediately after being notified of the loss or the complaint regarding the non-receipt of an electronic ticket. In the case of a timely report of the loss or a timely complaint about a non-received electronic ticket, a reissue of the ticket may take place after the buyer’s identity has been verified.
7. Return / Refund of Tickets
7.1 Ticket exchanges are generally excluded. The return of tickets or the refund of ticket fees as a gesture of goodwill is at the sole discretion of VfB on a case-by-case basis.
7.2 In the event of a change in the time or location of the event, particularly if a league match was not yet definitively scheduled by the DFL Deutsche Fußball Liga GmbH at the time of the ticket order, there is no entitlement to a refund of the ticket price. In the case of the cancellation and rescheduling of a match that had already been definitively scheduled, the tickets remain valid for the rescheduled match. 7.3 If a match is interrupted and not replayed, there is no entitlement to a refund of the ticket price. This does not apply if the interruption of the match was caused by inten-tional or grossly negligent behaviour on the part of VfB.
7.4 If the buyer is affected by a partial exclusion of spectators, VfB is entitled to move the buyer to another seat in the stadium, even if it is in a price category above or below the purchased ticket. If this is not possible or if VfB waives this right, the buyer is entitled to withdraw from the contract.
7.5 If an event is canceled without replacement or if an event takes place entirely without spectators, the buyer is entitled to withdraw from the contract.
7.6 In the event of a withdrawal in accordance with sections 7.4 or 7.5, the buyer will receive a refund of the ticket price upon returning the original ticket to the point of sale where the ticket was purchased. Processing and shipping fees will not be refunded.
8. Special Regulations for Season Tickets
8.1 A season ticket (hereinafter referred to as "season ticket") generally entitles the buyer to attend those events at the stadium organized by VfB for which they have acquired a right of entry. Depending on the season ticket purchased, it may also come with certain privileges (e.g., preferential purchase rights for other tickets). Details regarding the ser-vices included with each season ticket can be found in the service description at the time of ordering the season ticket or on the VfB website at [https://tickets.vfb.de/]. The season ticket does not entitle access to matches not explicitly mentioned in the service description at the time of ordering (e.g., special matches, friendly matches, or relegation matches), unless VfB announces different regulations before the respective games. A season ticket is valid for one season (usually from July 1st of a given year to June 30th of the following year), unless VfB specifies different dates when purchasing the season ticket.
8.2 At the end of the term, a season ticket automatically loses its validity, meaning the purchaser loses any entitlement to attend events. Early termination of the season ticket by the purchaser, allocation of a new seat in the stadium upon the purchaser’s request ("seat transfer"), and/or the permanent transfer of the season ticket to another person ("assignment") are excluded, unless the VfB announces different regulations. The right of either party to terminate the contractual relationship arising from the purchase of a season ticket for good cause in accordance with § 314 (1) of the German Civil Code (BGB) remains unaffected. A good cause for the VfB exists particularly if the purchaser violates the provisions of sections 9.2., 9.3., 9.4., 11.6., 11.7., 11.8, and/or 11.9 of these General Terms and Conditions (ATGB), or if a stadium ban valid in the MHP Arena Stuttgart has been imposed on the purchaser. In the case of an unlawful transfer of the season ticket by the customer under section 9.3, the VfB, in addition to other measures and sanctions possible under these ATGB and without prejudice to any further claims for damages, is entitled to impose a reasonable contractual penalty in the amount of the remaining balance, which the purchaser may be entitled to as a refund for any out-standing games, in accordance with section 12.
8.3 In the case of potential refund claims by the purchaser under sections 7.4 and 7.5, these claims exist for each game in the amount of one-seventeenth of the season ticket price.
8.4 In the case of a partial exclusion of spectators, the VfB is entitled to block the season ticket for individual games and reassign the holder. Deviating from this, no proportional refund of the ticket purchase price will be made, unless the purchaser has already been affected by a non-refund under this provision in the five years prior to the date of the affected game.
8.5 If the purchaser's seat can no longer be occupied temporarily or permanently (e.g., due to construction work), the VfB is entitled to move the purchaser to another seat in the same price category.
9. Transfer of Tickets
9.1 In order to prevent violence and criminal activities related to attending events at the stadium, to enforce stadium bans, to stop the resale of tickets at inflated prices, partic-ularly to avoid ticket speculation, and to maintain the social price structure, as well as to separate fans of opposing teams during a football match, it is in the interest of the VfB and the safety of spectators to restrict the transfer of tickets. The legitimate inter-est of season ticket holders in transferring tickets in case of last-minute unavailability is addressed through the option of transferring tickets via the club’s own secondary marketplace platform.
9.2 The sale of tickets is exclusively for private, non-commercial use; any commercial or business resale by the purchaser is prohibited and is solely reserved for the VfB.
9.3 It is expressly prohibited for the ticket holder to:
a) offer the ticket publicly at auctions (especially on the internet, e.g. eBay), on non-VfB authorized sales platforms (e.g. eBay Kleinanzeigen, seatwave, viagogo, stubhub, ticketbande…), and/or through social media platforms (Facebook, Instagram, Twitter, TikTok, etc.) for sale;
b) sell the ticket commercially and/or for profit without explicit prior written consent from the VfB;
c) sell or transfer the ticket to commercial or professional resellers and/or ticket dealers;
d) in the case of private resale, sell the ticket at a price more than 20 percent above the original price stated on the ticket, plus a transaction fee of 5 euros;
e) transfer the ticket to individuals who have been excluded from attending football matches for safety reasons (“stadium ban”), if the purchaser knew or should have known this;
f) transfer the ticket to supporters of visiting teams, unless the ticket only grants access to the guest area;
g) transfer or use the ticket for advertising, marketing, as a bonus, promotional gift, prize, or as part of an unauthorized hospitality or travel package without prior written consent from the VfB.
h) to resell the ticket if it was purchased in an unauthorized manner (see section 2.4), in particular if it was acquired using (semi-)automated processes that are designed to circumvent restrictions on the number of tickets a person can purchase or other regula-tions applicable to the sale of tickets (so-called BOT purchases).
9.4 A private transfer of a ticket for non-commercial reasons, particularly in individual cases of illness or other reasons preventing the original ticket holder from attending, is permitted if no case of unlawful transfer as defined in section 9.3 applies, and:
a) the transfer takes place either through the VfB's own secondary marketplace platform according to the applicable terms and conditions, or
b) the previous ticket holder informs the new ticket holder about the applicability of these Terms and Conditions (ATGB) as well as the necessary transfer of information (name, address, date of birth) about the new ticket holder to the VfB in accordance with this section, and the new ticket holder, by purchasing and using the ticket, agrees to the applicability of these Terms and Conditions between them and the VfB. Furthermore, the previous ticket holder is required, upon request by the VfB, to provide the name, address, and date of birth of the new ticket holder in the case of a transfer of the ticket.
9.5 If a ticket is unlawfully offered, used, or transferred, the VfB is entitled to claim an injunction due to the indicated risk of recurrence. In addition, the VfB is entitled, at its reasonable discretion and especially considering proportionality, to:
a) Block the ticket and any other tickets purchased by the holder—whether electronic or otherwise—and deny the ticket holder access to the stadium without compensation or expel them from the stadium;
b) Exclude the affected purchaser from acquiring tickets and away tickets for a reasonable period, up to a maximum of five years; the length of the ban is determined by the number of violations, the number of tickets offered, sold, transferred, or used, and any profits made from the resale;
c) Refuse to deliver any other tickets previously purchased by the affected purchaser from the VfB, including for comparable events, and cancel them with a refund of the price paid;
d) In the event of an unlawful transfer of tickets according to section 9.3, demand the pay-ment of any profits or gains made by the purchaser from such unlawful transactions;
e) Impose a contractual penalty on the purchaser according to section 12.
9.6 Secondhand Marketplace:
The VfB may, at its discretion, grant the purchaser the opportunity to offer a previously purchased ticket for resale to potential secondary market buyers for the designated event via the secondary marketplace at https://tickets.vfb.de/ under the following terms and con-ditions:
a) The VfB reserves the right to refuse ticket listings on the secondary marketplace in justi-fied individual cases. Listing a ticket does not automatically lead to a successful resale on the secondary marketplace.
b) Once a purchaser has listed a ticket for resale on the secondary marketplace, they commit, for the duration of the listing, not to dispose of their right to the ticket (e.g., by selling, transferring, or attending the event). The purchaser is liable for any damages resulting from violations of this condition. Furthermore, the VfB reserves the right to impose the sanctions outlined in section 9.5 against the affected purchaser.
c) The VfB will notify the purchaser once the ticket has been successfully sold on the sec-ondary marketplace. The VfB, not the original purchaser, will be the contract partner of the secondary market buyer. Section 2 applies to ticket orders made by the secondary market buyer accordingly. From that point onward, the offer of the original purchaser becomes bind-ing, and the original purchaser loses their visit right guaranteed by the ticket. The original purchaser will receive a credit from the VfB for the proportionate original price of the ticket, minus applicable service, processing, and shipping costs.
10. Spectator Event Recordings
10.1 For public reporting on the event and the competition, as well as for promotional purposes, the VfB and the respective association or third parties authorized by them (e.g., broadcast-ers, press) in accordance with Section 10.3, may independently make photographic and au-diovisual recordings that may show the ticket holder as a spectator of the respective event, in accordance with Article 6 (1) f) of the EU General Data Protection Regulation (GDPR). These photographic and audiovisual recordings may be processed, exploited, and publicly displayed by the VfB, the responsible association as per Section 10.3, and companies affili-ated with them under § 15 of the German Stock Corporation Act (AktG), as well as by au-thorized third parties (e.g., broadcasters, press), in accordance with Article 6 (1) f) of the GDPR.
10.2 Acquisition of Tickets for Other Persons: If a purchaser acquires tickets not only for them-selves but also for other individuals (ticket holders), the purchaser must ensure the forward-ing of the contents of this section 10 and section 16 to the respective ticket holder; the provisions regarding the permissibility of transferring tickets in sections 9.2 to 9.4 remain unaffected.
10.3 Competent Association: The following associations are responsible for organizing the sport-ing competitions in which VfB participates:
a) Bundesliga and 2nd Bundesliga: DFL Deutsche Fußball Liga e.V., located at Guiollettstraße 44-46, D-60325 Frankfurt am Main, whose operational business is managed by DFL Deutsche Fußball Liga GmbH, located at Guiollettstraße 44-46, D-60325 Frankfurt am Main;
b) DFB Cup (DFB Pokal): DFB Deutscher Fußball-Bund e.V., located at Otto-Fleck-Schneise 6, D-60528 Frankfurt/Main; and
c) European Cup Competitions: Union of European Football Associations (UEFA), located at Route de Genève 46, CH-1260 Nyon (“UEFA”).
11. Access to the Stadium, Stadium Regulations, Behavior in the Stadium
11.1 Access to the stadium is only possible with a valid ticket. Children under 14 years of age are only allowed entry when accompanied by an adult guardian who must also possess a valid ticket. Purchasers and holders of discounted tickets are required to present proof of eligibil-ity for the discount upon request. The reason for the discount must still be valid at the time of the event and must be proven upon request. If this proof is not provided, the VfB is entitled to refuse entry or to remove the holder from the arena.
11.2 Right of Access: In principle, each purchaser or ticket holder with a valid right of access acquired in accordance with section 2.7 is entitled to enter the stadium. Access to the sta-dium may be denied if:
a) The purchaser or ticket holder refuses to undergo a reasonable inspection of their person and/or the items they are carrying by the security personnel at the stadium entrance and/or inside the stadium;
b) The purchaser or ticket holder has already entered the stadium area during the same event and then left again; in this case, the ticket loses its validity;
c) The individual identification features on the ticket (name print, information on block/row/seat, reservation number, customer number, ticket number, QR code) have been tampered with, rendered illegible, and/or damaged, or the barcode/QR code has already been used in the electronic access system, unless this is the fault of the VfB;
d) The ticket holder is not identical to the purchaser who is recorded or noted in con-nection with the ticket (according to the individual identification features mentioned in section 11.2 c), unless there is a case of permissible transfer in accordance with section 9.4; and/or
e) The purchaser has made incorrect entries regarding their name and/or address and delivery data in violation of their duty when ordering the tickets as per section 2.4.
11.3 In the case of a legitimate denial of access, the purchaser or ticket holder has no claim to compensation.
11.4 Each ticket holder must occupy the seat in the stadium that is indicated on their ticket or for which their ticket is valid. Notwithstanding this, they are required to take another seat if instructed to do so by the VfB or security personnel, provided that there is a significant reason (e.g., security concerns, special provisions according to section 13). In such cases, there is no right to compensation.
11.5 The ticket holder submits to the stadium regulations when attending the event, which are posted at the stadium and can be viewed on the internet at www.vfb.de/stadionord-nung. Upon request, the VfB will also provide the stadium regulations. The stadium reg-ulations apply independently of the validity of these General Terms and Conditions.
11.6 The ticket holder submits to the VfB's right to conduct appropriate body examination when attending the event.
11.7 The stay in the stadium for the purpose of media coverage of the event (television, radio, internet, print, photography) and/or the collection of match data is only permitted with prior consent from the VfB and in the areas specifically designated for such purposes. Without the prior consent of the VfB, it is not allowed to record sound, photos, and/or images, descriptions, or results, or collect data from the event, unless it is solely for private, non-commercial use. Any commercial use, regardless of the method or by whom, requires prior written consent from the VfB. In any case, it is prohibited, without prior consent from the VfB, to broadcast or retransmit image, sound, and/or video recordings live or delayed, and/or publicly display them on the internet, particularly on social media platforms and/or apps, and/or other media (including mobile devices such as smartphones, tablets, etc.), and/or to assist others in such activities. Devices or equip-ment that are specifically intended for such activities may not be brought into the sta-dium without prior consent from the VfB or an authorized third party. The VfB points out that the DFL Deutsche Fußball Liga GmbH has the right to delete or have deleted recordings that have been transmitted and/or publicly displayed in violation of this pro-vision. The VfB further points out that the DFL Deutsche Fußball Liga GmbH may be authorized to assert any further claims of the VfB against the spectator, in its own name, both in court and out of court.
11.8 Each ticket holder is required to behave in the stadium in such a way that the legal interests of the VfB, as well as those of all other persons present at events in the sta-dium, are not impaired and/or endangered. The behavioral rules according to this clause 11.8 also aim to avoid material and immaterial damage to the VfB and/or guest clubs through the imposition of so-called association fines due to the misbehavior of home and/or away spectators. It is prohibited to enter the playing field and/or to climb or pass through the barriers or the perimeter of the stadium interior without appropriate permission.
11.9 In the entire stadium area, it is prohibited to carry and/or use the following items: weap-ons, objects that can be used as weapons or projectiles, corrosive and highly flammable substances, bottles of all materials, cans or other containers made of fragile, shattering, or particularly hard material, flares, fireworks, smoke bombs and/or powders, Bengal lights and other pyrotechnic items and substances or mixtures, laser pointers, bulky items, selfie sticks, drinks not purchased in the stadium (exception: non-alcoholic drinks in cartons with a maximum capacity of 500 ml), illegal drugs, clothing obviously intended for concealment, animals, and other objects that could endanger safety in and around the stadium, other visitors, players, and/or officials, or cause undue disruption.
11.10 To ensure and optimize stadium security and to support the work of the security and law enforcement authorities, the stadium and, in part, the surrounding area will be video monitored pursuant to Article 6(1)(f) of the GDPR in connection with Section 4 of the Federal Data Protection Act ("BDSG"). In addition, law enforcement and security author-ities also use video surveillance systems on match days within their own jurisdiction for hazard prevention and law enforcement in accordance with the applicable legal provi-sions in Germany. Corresponding recordings made by the video surveillance system will be handled confidentially by the VfB and the security and law enforcement authorities, but may serve as evidence, particularly in cases of suspicion and/or actual criminal of-fenses. The same applies to the image and sound recordings made under Section 10, which may be transmitted by the VfB or the relevant association under Section 10.3 to authorities or courts for these purposes when requested, in accordance with Article 6(1)(c) or (f) GDPR. If an event recorded by the video surveillance system takes place without incident, the recordings will be deleted in accordance with the data protection laws in force in Germany, particularly the GDPR and the BDSG.
11.11 A stadium ban may be imposed in addition to the immediate sanctions under section 12 in the event of violations of the regulations under sections 11.8 or 11.9, actions under sections 3 and 27 of the Assembly Act, involvement in event-related criminal offences and/or violent activities inside or outside the stadium. In particularly serious cases, a nationwide stadium ban may be imposed. The current version of the DFB guidelines for the uniform handling of stadium bans applies (https://www.dfb.de/verbandsser-vice/pinnwand/stadionverbots-richtlinien/). The ban will be notified in writing to the person concerned. The processing of personal data in connection with stadium bans will always comply with the applicable laws in Germany, in particular the GDPR and the BDSG. VfB reserves the right to share purchaser data with the German Football Associ-ation (DFB), Otto-Fleck-Schneise 6, D-60528 Frankfurt/Main, for the enforcement of stadium bans pursuant to Article 6(1)(e) GDPR, if this is necessary to ensure public safety and security within the stadium.
12. Contractual penalty, Skimming of Profits, Recourse
12.1 For each culpable violation of the provisions in sections 9, 11.7, 11.8, and 11.9, particu-larly in cases involving the use of weapons or other items as weapons, or the use, igni-tion, or burning of any pyrotechnic devices, the VfB may demand the payment of an appropriate contractual penalty from the violator, which may be up to EUR 2,500.00, and which can be reviewed by the respective competent court.
12.2 The amount of the contractual penalty is primarily determined by factors such as the number and intensity of the violations, the nature and degree of fault (intent or negligence), the efforts and success of the violator in remedying the damage, whether the violator is a repeat offender, and in the case of unauthorized ticket reselling, the number of tickets of-fered, sold, transferred, or used, as well as any profits or proceeds gained from the resale, provided these are not simultaneously confiscated under section 9.5 d). It is further clarified that the contractual penalty may exceed the proceeds or profits obtained from the resale.
12.3 Further claims for damages remain unaffected by this.
12.4 For violations by individual or multiple spectators of the regulations in sections 11.8 and 11.9, particularly for the use of flares and/or other pyrotechnic devices, the VfB may be fined or subjected to other sanctions by the responsible associations. The VfB is entitled to fully seek reimbursement or compensation for the damage resulting from the sanction from those responsible, as identified. If multiple individuals are responsible, they are jointly liable ac-cording to § 421 of the German Civil Code (BGB).
12.5 Section 12.4 also expressly applies with protective effect in favor of the respective opposing club of the VfB.
13. Special Regulations in Case of Special Protection and Hygiene Measures or Other Restrictions
13.1 Application of Special Regulations
In the case of protection and hygiene measures and/or restrictions on the admission of spec-tators due to a pandemic (e.g., COVID-19), epidemic, or any other health emergency of re-gional or national significance, as mandated by associations, authorities, or government reg-ulations, VfB may be obligated to subject the purchase of tickets and/or entry to and stay in the stadium to additional requirements. In such cases, the provisions of the following sections 13.2 to 13.5 will apply.
13.2 Special Admission Conditions
a) The applicable regulations, provisions, and requirements will be made available to the purchasers in a timely manner and must be adhered to by all ticket holders. Instructions from the VfB, the police, and/or security personnel must be followed.
b) VfB is entitled to verify compliance with these additional requirements at the time of ticket purchase and/or immediately before entry to or during the stay at the event venue, and to enforce compliance. If the ticket holder is unable to meet the corresponding require-ments, VfB may refuse the purchase of tickets and/or deny entry to the stadium or remove the purchaser/ticket holder from the stadium.
c) In particular, VfB may be required to take the following measures:
Establishment of specific entry windows: The respective ticket holder is required to comply with the relevant guidelines. In the case of intentional or negligent failure to comply, the ticket holder may be refused entry to the event venue outside of the specified time window without compensation;
Issuance of additional hygiene and behavioral rules (e.g., obligation to wear a face mask, social distancing requirements);
Processing of o existing personal data (e.g., address) for the purpose of contact tracing and breaking infection chains, o additional personal data (e.g., further contact details such as phone number or email address, date of birth) for the purpose of contact tracing and breaking infection chains, and o proof of vaccination, recovery, and/or test status based on Art. 6 para. 1 sentence 1 c) GDPR and, where the processing includes health-related data, Art. 9 para. 2 i) GDPR [in conjunction with the relevant regulations, e.g., the applicable local Co-rona protection regulations and/or official orders].
13.3 Reduction of Spectators
If, after the purchase of the ticket, the game is to be held without spectators or with a reduced number of spectators, and the VfB is no longer able to grant access to the game for all purchasers/ticket holders, VfB is entitled to decide, at its discretion, which purchas-ers/ticket holders will be granted access to the stadium. With regard to those purchasers for whom VfB can no longer grant access to the game, VfB is entitled to withdraw from the contract. With regard to season ticket holders for whom VfB can no longer grant access to the game, VfB is entitled to partially withdraw from the contract concerning the affected games.
13.4 Implementation
VfB is entitled to assign the purchaser/ticket holder – unless otherwise agreed – a different seat (even in a different price category) without compensation if this is necessary due to changed circumstances arising from the pandemic regarding the admission of spectators to the stadium and the requirements to be followed (such as distancing rules, etc.). In this respect, VfB is also entitled to assign ticket holders who booked adjacent seats to other, non-adjacent seats, although VfB will make every effort to avoid such separation.
13.5 Duty to Inform and Risk of Infection:
Each ticket holder is obliged to inform themselves in advance of an event at the stadium about possible time changes, spectator reductions, and applicable protection and hygiene regulations. The current information can be accessed at https://tickets.vfb.de/. Each ticket holder also acknowledges that, despite any protective and hygiene measures that may be in place, they may contract (viral) illnesses while attending a VfB event. By attending an event, the ticket holder consciously accepts this risk.
14. Contact
Ticket orders or inquiries about ticket sales can be directed to VfB through the following contact details: VfB Stuttgart 1893 AG, Mercedesstraße 109, 70372 Stuttgart (Bad Cannstatt), Phone: 0711 - 99 33 1893, Fax: 0711 - 55 007 88 111, Email: service@vfb-stuttgart.de.
15. Disclaimer and Liability
15.1 The stay at and in the stadium is at your own risk.
15.2 The liability of VfB is excluded, unless otherwise stated in the following provisions.
15.3 VfB is only liable, regardless of the legal grounds, for damages caused by VfB, its legal rep-resentatives, or vicarious agents through intent or gross negligence. It is also liable in the event of slight negligence in the breach of essential contractual duties.
15.4 The liability of VfB is, except in the case of intentional actions, limited to the compensation of foreseeable, typical contractual damages, unless there is a grossly negligent violation of essential contractual duties.
15.5 The above provisions do not affect the liability of VfB for damages resulting from the injury to life, body, or health, caused by a negligent breach of duty by VfB or an intentional or negligent breach of duty by a legal representative or vicarious agent of VfB. Any potential liability for defects that VfB has fraudulently concealed, under a warranty, or in the event of liability under the Product Liability Act remains unaffected.
16. Data Protection
16.1 Unless specifically stated otherwise in these Terms and Conditions (such as in Section 2.4 regarding identity verification, in Section 11.10 regarding video surveillance, in Sec-tion 10 regarding recordings of event spectators, and in Section 13.2 regarding potential contact tracing in case of a pandemic), the processing of personal data of the purchaser and/or ticket holder is carried out on the one hand for the fulfillment of a contract between the VfB and the purchaser/ticket holder in accordance with Art. 6(1) b) GDPR. On the other hand, the processing of personal data of the purchaser and/or ticket holder is carried out to safeguard the legitimate interests of the VfB. These legitimate interests are derived from Section 9.1.
16.2 The further data protection provisions, including the rights of the ticket holder under the GDPR and the contact details of the VfB’s data protection officer, can be found in the privacy policy available under www.vfb.de/datenschutz.
16.3 Regarding the creation and distribution of image and audio-visual recordings of VfB events (see Section 10), reference is additionally made to the privacy policy of the re-spective responsible association, for the DFL Deutsche Fußball Liga e.V. at www.dfl.de/de/datenschutz/ and for the Deutscher Fußball-Bund e.V. at www.dfb.de/datenschutzerklaerung/.
17. Place of Performance / Jurisdiction / Dispute Resolution
17.1 If the contracting party is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the sole place of performance for delivery, performance, and payment shall be the registered of-fice of the VfB.
17.2 If the contracting party is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, and does not have a general place of jurisdiction in the country, or if their place of residence or habitual residence is unknown at the time of filing a lawsuit, the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relation-ship shall be the registered office of the VfB.
17.3 However, the VfB reserves the right to file a lawsuit against the purchaser at their gen-eral place of jurisdiction.
The VfB does not participate in dispute resolution procedures before a consumer dispute resolution body (§ 36 VSBG).
18. General Provisions, Amendments to the ATGB
18.1 If any provisions of these ATGB are or become invalid, unenforceable, or not applicable, this shall not affect the validity of the contract or the remaining provisions.
18.2 The law of the Federal Republic of Germany shall apply exclusively. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
18.3 The VfB is entitled to amend these ATGB at any time in ongoing contractual relation-ships. The amendment can take effect no earlier than four weeks after the recipient has received a corresponding notification of the change in text form. Until the amendment comes into effect, the purchasers may object to the new ATGB in writing. If no objection is made, the change will take effect on the specified date. If the purchaser objects, the amendment will not take effect. In this case, the VfB is entitled to terminate the respec-tive ongoing contractual relationship extraordinarily within four weeks after receiving the objection.