Thirai Switzerland

Terms & Conditions

General, scope of application and contractual relationships

(1) Thirai offers services in connection with ticketing and advertising of events. Thirai is the operator of the platform available on the Internet under thirai.ch (hereinafter: “Platform”). On the Platform, events can be managed and tickets for events of various organisers (hereinafter: Organisers) can be offered for sale.

(2) The events can also be integrated by Thirai on websites of third parties and advertised here and elsewhere. The tickets entitle in each case to the participation in the respective events according to the conditions of the organiser.

(3) These General Terms and Conditions apply to all contracts between Thirai and its customers regarding the use of the Platform and all contracts that customers of Thirai conclude with other customers of Thirai using the Platform, in particular the posting of events, the purchase of tickets and related or other goods and services, regardless of whether the customers are organisers, participants, sellers, buyers, API users, third parties or advertisers. Furthermore, these General Terms and Conditions govern the payment processing of the contracts concluded via the platform, the API used by event organisers and the media services booked by them.

(4) Unless explicitly stated otherwise, Thirai is not itself the organizer of the events advertised on the platform and/or the provider of the goods and services to be purchased there. Thirai is also not itself a provider of the tickets, but offers the tickets exclusively in the name of the respective event organiser. In its own name Thirai offers gift vouchers according to the conditions in §11 of these General Terms and Conditions.

(5) In detail, the following applies to the conclusion of contracts on the platform:
(a) With the binding order of tickets, goods or services via the platform, contractual relationships in connection with this, in particular the purchase of the ticket entitling to visit the event, the visit and the execution of the event, the purchase of goods and services are exclusively established between the organizer or third parties and the respective purchaser of tickets, goods or services (hereinafter: buyer).

(b) There is no contractual relationship between Thirai and the Buyer, apart from the gratuitous permission to use the platform in relation to the ticket purchase and the advertised events. Thirai acts merely as an agent on behalf of the organizer or third party and is not obligated to fulfil any obligations arising from the contractual relationship between the organizer and the buyer. This applies accordingly in the case that the buyer books a ticket insurance via the platform. In this case, the insurance relationship between the buyer and the specified insurance company exists according to the general insurance conditions of the insurance company.

(c) Thirai and organizer or third party conclude with the creation of a user account by the organizer or third party a contract on the use of the platform and the mediation and conclusion of contracts between buyer and organiser / third party by Thirai on behalf of the organiser / third party in accordance with the provisions under section III.

(6) The deliveries, services and offers of Thirai are exclusively based on these General Terms and Conditions. The inclusion of general terms and conditions of a customer (according to § 1 para. 3 of these General Terms and Conditions), which contradict our General Terms and Conditions, is contradicted already now. Additional contractual terms and conditions may be agreed upon in the contractual relationship between the purchaser and the organizer.

(7) The contractual language is exclusively German.
(8) You can retrieve and print the currently valid General Terms and Conditions on the platform Thirai.ch.
I. Use of the platform
§ 2 Conclusion of contract

(1) In order to use all functions of the platform, in particular the ordering or offering of tickets and other goods and services, the creation of a user account is required. The user account consists of an email address and a password (“login data”). The given e-mail address serves at the same time for the communication with Thirai and is decisive for all contract-relevant correspondence between Thirai and the customer.

(2) By completing the online registration process, a free of charge usage contract between Thirai and the customer is concluded.

(3) Each customer may only create one user account. With this user account, the customer may use the platform both as a participant and as an organizer or buyer.

(4) The customer assures that all data provided during registration are correct. The use of pseudonyms is not permitted.

§ 3 Duties of Thirai in the provision of the platform

(1) For the term of the contract, Thirai grants the customer a simple and non-transferable right to use the platform.

(2) Thirai shall endeavor to ensure a trouble-free operation of the platform. This is naturally limited to services over which Thirai has an influence.

(3) Thirai is at liberty to restrict the access to the platform in whole or in part, temporarily or permanently, due to maintenance work, capacity concerns, and due to other events that are not within the control of Thirai.

(4) The Customer has no claim to the maintenance of individual functionalities of the Platform.

§ 4 General obligations of the customer when using the platform

(1) The customer is obliged to handle the login data with care. The customer is prohibited from disclosing the login data to third parties and/or allowing third parties to access the user account using the login data.

(2) The customer must refrain from any activity that is likely to impair the operation of the platform or the technical infrastructure behind it and/or place an excessive burden on it. This includes in particular:

  • The use of software, scripts, or databases in connection with the use of the platform;
  • Blocking, overwriting, modifying, copying data and/or other content unless this is necessary for the proper use of the platform.

(3) Should there be disruptions in the use of the platform or its functionalities, the customer shall immediately inform Thirai of this disruption. The same shall apply if the customer has knowledge or a reasonable suspicion of irregularities, misleading event applications, or attempted fraud on the platform.

§ 5 Personal data
(1) The use of the platform makes the collection, processing, and use of personal data by Thirai unavoidable. The customer hereby consents to the storage of the personal data provided by him. This also applies to the storage of IP addresses, which are transmitted each time the platform is used. I acknowledge that by accepting these terms and conditions, I agree to receive newsletters. The newsletter can be canceled at any time via e-mail.
 
(2) The data of participants will be passed on to the organizers for the purpose of admission control and proper execution of the events. The same applies in the context of contract performance after the purchase of goods and/or services. The organizer and seller undertake to use this data only for this purpose and in particular not for further marketing purposes.
 
(3) As far as customers agree, Thirai will use personal data of the customer for direct marketing purposes. This includes the promotional addressing of the customer by e-mail and by mail. Customers have the possibility to object to the sending of promotional emails at any time. For this purpose, an email to info@thirai.ch is sufficient. In all other respects Thirai processes personal data in accordance with the principles currently presented in the separate privacy policy.
§ 6 Term of contract/ Termination
(1) The contract of use shall run for an indefinite period and may be terminated by either party at any time without notice and without stating reasons. Events already discontinued at the time of the termination declaration shall remain unaffected by a termination; the usage agreement shall continue to apply to the extent necessary for the handling of the respective event until the conclusion of the event.
 
(2) In addition and beyond that, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
 
(3) For Thirai, an important reason for termination of this contract exists if the customer violates his obligations from these GTC in a serious or sustained manner.
 
(4) Terminations can be declared by e-mail or via the function provided for this purpose in the user account. Thirai may, at its own discretion, also order the blocking or deletion of the customer’s access for an indefinite period of time instead of the declaration of termination. Thirai can carry out a blocking/deletion in particular if the customer has not used the log-in data for a period of at least one year, if there are doubts about the truth of the information provided by the customer, or if the e-mail address provided by the customer cannot be reached.
 
(5) A termination has the consequence that the customer no longer has access to all functions of the platform, in particular the ordering or offering of tickets. In case of termination, Thirai will delete the personal data of the customer within six months. This does not apply:
  • For data that Thirai is obligated to store and/or process due to legal or official orders;
  • For the duration of the regular limitation period of three years at the end of the year: Contract documents and contact data needed in case Thirai has to assert claims against customers;
  • For content that the organizer has created and posted on the platform during the term of the contract.
II. Ticket Purchase by the Buyer
§ 7 Conclusion of contract for tickets, goods and services
(1) Thirai mediates the ticket contracts as a representative of the respective organizer with power of attorney and concludes ticket contracts in the name of the organizer. The sellers conclude contracts for other goods and services directly with the buyers in their own name. Thirai is not obliged to fulfill the contract between buyer and seller. Thirai is therefore also not responsible for the execution of events, the defectiveness of goods or the proper provision of other services.

(2) If the sale of tickets takes place via advance booking offices organized and operated by third parties (e.g. post office), the ticket contract is also concluded between the buyer and the event organizer.

(3) The event presentation in the online store constitutes a binding application for the conclusion of a contract for participation in the advertised event, and/or the purchase of the goods or services described. By clicking the button “Buy now” a contract between buyer and seller is concluded.

(4) Part of the contract between seller and buyer are any conditions of participation or general terms and conditions incorporated by the seller in the description of the event.

(5) Thirai does not check the event description and does not monitor the execution of the events nor the quality of the sold goods and/or services. The organizers are solely responsible for the description and execution of the events. This also applies to us in particular for the type and number of available tickets and their prices.

(6) In case a ticket or other contract between buyer and seller has to be cancelled for whatever reason (e.g. cancellation of the event, overbooking), the buyer has to contact the seller for a refund or to assert warranty claims. This does not apply if Thirai is responsible for the reason for the reversal or complaint.

(7) The preceding paragraphs apply accordingly in the case of the conclusion of an insurance contract via the platform with an insurance company.
§ 8 Prices
The prices stated on the platform include the statutory value added tax and other price components. Additional shipping costs are only incurred if this is expressly indicated.
§ 9 Terms of payment; Default
(1) Payment shall be made as indicated for the item, service. Advance fees, as indicated, will be charged by the advance sales office in its own name and for its own account.

(2) In case of payment by credit card, the purchase price will be charged directly to the specified credit card at the time of the order.

(3) Thirai is free to offer the customer the payment by invoice only against surcharge. The surcharge on the ticket price is not transferred to the organizer. It serves Thirai to cover its own expenses caused by this.

(4) Thirai is furthermore free to carry out a credit check before offering payment against invoice.

(5) Thirai may block individual payment methods for certain customers at its own discretion (e.g. no payment against invoice in case of a negative credit check).

(6) Thirai is free to block individual or all events of an organizer as well as articles and/or services for sale, as far as and as long as the seller does not fulfill his payment obligations towards Thirai and/or continues to assign events to wrong categories. In case of continued violations of the above obligations, Thirai may also temporarily or permanently block the Seller’s access to the Platform.
§ 10 Delivery
(1) Tickets are delivered by PDF download or by e-mail dispatch to the e-mail address specified by the purchaser (digital delivery)

(2) Customers have the option, if offered in the order process, to have tickets delivered by mail to the shipping address specified by the customer (postal delivery). In this case, postal delivery is in addition to digital delivery. For the postal delivery, the costs for this which can be seen in the order process are incurred.

(3) With the digital delivery of the tickets Thirai fulfills its obligation to perform with regard to the sale and the provision of the tickets. A delayed or missing postal delivery does not affect the fulfillment with regard to the sale and the provision of the tickets as long as and insofar as the digital delivery has taken place in time.

(4) Thirai is not responsible for delayed or missing postal deliveries, which originate from the sphere of the customers – for example due to a wrong or incorrectly indicated address.

(5) In case of a delayed or missing postal delivery, customers can fall back on the digital ticket.
§ 11 Gift vouchers
(1) Customers have the option to purchase value vouchers in order to use them for future purchases. Payment with vouchers already purchased or promotional codes issued as part of marketing measures is not possible.

(2) The voucher will be sent electronically as a PDF file by e-mail to the customer (gift voucher for printing).

(3) If the voucher is to be sent to a third person by e-mail, the name and e-mail address of the third person must be provided. The information must be correct and complete. Thirai is not liable for the case that purchased gift vouchers are sent to an incorrect recipient, as far as the sending is based on the incorrect indication of addresses.

(4) A gift voucher entitles the voucher holder to pay for goods and/or services when ordering via the platform in the amount paid on the voucher. A cash payment of the voucher amount is excluded.

(5) Each voucher contains an individual voucher code. The voucher is redeemed on the platform during the ordering process by entering the voucher code. The voucher amount shall be credited against the purchase price. If the full amount of the voucher is not reached when paying using a voucher, the remaining amount will be credited to the voucher. If a voucher holder purchases for an amount exceeding the voucher amount, the difference shall be paid in the payment process.

(6) The validity period of the vouchers is 3 years from the date of issue. In case of loss, theft or damage of the voucher (e.g. illegible voucher number) or in case of misuse or redemption by unauthorized third parties, Thirai assumes no liability and there will be no refund of the purchase price. As a gesture of goodwill, we can block the voucher code and issue a new voucher for the same amount if the voucher code in question has not yet been redeemed and the customer or voucher holder reports the loss immediately.
III. Special Regulations for Organizers, Sellers, API Users and Advertisers
§ 12 Offering tickets, goods and services
(1) Via the user account, sellers can post tickets, goods and/or services on the platform and offer them for purchase.

(2) The seller undertakes to comply with the statutory provisions when offering tickets, goods and services. This includes, for example, compliance with the statutory information requirements for distance contracts, the provision of a complete imprint, if applicable, the instruction on the existence or non-existence of a right of withdrawal as well as compliance with data protection and competition law.
§ 13 Setting events
(1) Events are classified by Thirai into different categories, such as attractions or events and explained on the platform. The organizer will take care to place his events in the correct categories. In case he is unsure about this, he will consult Thirai (info@thirai.ch). The organizer is also obliged to comply with the legal regulations at the place where the event offered by him is held.

(2) Thirai is not obligated to publish the events or contents posted by the organizer. Thirai may reject, remove or edit the publication of events and individual contents (in whole or in part) without giving reasons. This also and especially applies if complaints are received from participants or third parties in connection with an event or an organizer.

(3) Thirai is free to publish the event-related content in a different place within or outside the platform than the organizer intended. Thirai can inform the event organizer in advance about a rejection in the sense of paragraph (2) or other publication, there is no obligation to do so. Furthermore, Thirai is entitled to block the access to individual contents at any time, e.g. if there is a suspicion that these contents violate section §17 paragraph (2), (5), §19, applicable law, or if the organizer is in breach of the law.
§ 14 Mediation of contracts for the participation in events by Thirai on behalf of the organiser  
(1) The organizer assures that he organizes the event advertised by him in his own name.

(2) Thirai is permanently entrusted by the organizer to arrange ticket and other sales as well as services and/or donations as closing agent for the organizer and to conclude them in his name. Thirai is free in the concrete design of this activity, in particular the design of its platform and the communication with the participants, as well as the determination of the working hours of its employees.

(3) Thirai is in particular entitled to act as a representative of the organizer with authority to conclude contracts, to mediate ticket orders between the participants and the organizer and to conclude ticket contracts in the name of the organizer. However, Thirai is not obligated to fulfill the contract between the participant and the organizer.   (4) Thirai is entitled but not obligated to organize and handle the advance sale of tickets by or with the help of third parties and to conclude the necessary contracts for this purpose. Thirai is free at any time to partially or completely discontinue the presale with the help of third parties.

(5) Thirai reserves the right to extraordinarily terminate the user contract according to §6 in case of a violation of this provision.

(6) The organizer shall ensure that the status of the application of the event, in particular the available tickets, corresponds to the current status at any time, so that a fulfillment of the contract between participant and organizer is guaranteed at any time.

(7) On the platform, the organizer has the possibility to partially view and download the entered data of participants who have purchased a ticket. The scope of the data made available depends on which data the organizer needs to fulfill the contract. More details can be found in the privacy policy https://thirai.ch/datenschutz. For any further data processing by the organizer, the organizer is free to obtain the necessary consents directly from the purchasers.
§ 15 Other rights and obligations of organizers and sellers  
(1) Unless expressly agreed otherwise, the Organizer and the Seller agree that advertisements of third parties, of whatever kind, may be placed on the pages on which its events are advertised and goods and/or services are offered for sale. The tickets issued by Thirai may also contain third party advertisements.

(2) The organizer commits himself to use the data of the participants exclusively for the purpose of the realization of the event and to delete them after the realization of the event. The further use of the data, for example for advertising purposes, is prohibited. Thirai is entitled at any time to demand information about the data that an organizer has stored about participants.

(3) The Event Organizer agrees that Thirai may advertise the fact that the Event Organizer uses the Platform to a reasonable extent and use the name and logo of the Event Organizer
§ 16 Payment processing for organizer, commission
(1) As an ancillary service to the sale of tickets, goods and services, Thirai also handles the payment transactions with the buyers arranged in this context for the seller. For this purpose, the seller is requested in the context of his registration to specify a bank account to which the purchase prices paid by buyers – less the commission retained by Thirai – are transferred. The seller is obliged to keep the bank account details up to date at all times.

(2) Thirai is entitled to retain a commission according to the current price list (Thirai.ch/Preisuebersicht) from the sales price stated by the seller for the mediation of the respective event contract or the sale of goods or services via the platform. The commission for events arises regardless of its classification in a certain event category by the organizer according to § 12 para 1 of these GTC. Accordingly, the only decisive factor is the category to which the event is correctly assigned.

(3) The settlement and transfer of the sales proceeds less the agreed commission shall take place at the end of the following month after the event has taken place or the sale of goods and/or services has taken place. In the case of event-related goods or services, the settlement and transfer of the sales proceeds less the agreed commission shall also take place at the end of the following month after the event has taken place. If the seller has offered several events and/or services, they will be invoiced and settled together with the commissions due to Thirai. If the commissions due to Thirai exceed the sales revenues, these will be carried over into the next accounting period until they are balanced.

(4) The seller is obligated to immediately check the settlement sent to the specified e-mail address or to his user account for its correctness and completeness and to immediately report errors to Thirai in text form, at the latest, however, within one week. If the seller fails to notify Thirai, the statement of account shall be deemed approved. For the preservation of the rights of the organizer the timely dispatch of the notification is sufficient.

(5) If taxes, in particular value added tax, become due because of the sale of tickets, goods or other services, the seller is obliged to pay them.

(6) If for whatever reason there are claims for repayment by participants (for example, because the event does not take place or does not take place as planned), the organizer is also obligated to Thirai to fulfil such claims immediately. The commission claim of Thirai against the event organizer remains unaffected. The same applies in the event that buyers assert their revocation, warranty or other rights against the seller

(7) Payment services for Event Organizers on the Thirai platform are provided in part by Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland and are governed by the Stripe Connected Account Agreement (Stripe Connected Account Agreement: https://stripe.com/de-ch/connectaccount/legal), which includes the Stripe Terms of Service (Stripe Terms of Service: https://stripe.com/de/legal) (collectively, the “Stripe Services Agreement”). In order to use Stripe’s payment services, you must provide the requested information completely and accurately. If the information you provide is incomplete and/or inaccurate, you may not be able to use Stripe’s services and a payment may not be authorized.
§ 17 Use of the API
(1) The organizer and other interested parties (hereinafter: API users) may be granted the possibility to use an interface (API) in order to access data and other event-related content on the platform and to use and reproduce it on its website. The API can also be used to store data and other content on the platform. The content and design of the API can be found in the available description at https://thirai.ch/infoapi.

(2) The API User is not entitled to allow third parties to use the API. Third parties in the sense of this provision are every company and every natural person to whom thirai has not contractually granted the use of the API. This also applies to companies affiliated with the API User.

(3) The API User is not entitled to pass on or resell thirai’s data to third parties

(4) The API User shall not use any technologies which are suitable or designed to obtain data and/or other content via the API or in any other way which are not intended for him, to damage the platform and/or the data or to impair their use. The API User is in particular prohibited from transferring faulty or harmful data and/or other content to the platform or IT systems of thirai using the API.

(5) The API User is prohibited from making changes to the content of data and other content that was requested using the API. If data and/or other content is published for the contractual purposes of the use of the API, the content of the publication must be the same as it would be published directly on the platform. Data obtained from the API User must be updated once a day, and changes to data must be adopted when the data is published. Data no longer available via the API may also no longer be used or published by the API user.

(6) All content obtained via the API may only be used in connection with and for the announcement of the corresponding event. Separate from this, for example for advertising purposes or in any other context, the use of the content is not permitted.

(7) Copyright notices of image data (photos, graphics, etc.) are also delivered via the API, if available. The API User shall be responsible for any waiver of the copyright notices.

(8) If access data is provided for the use of the API, the API User is obliged to keep this data safe and to exclude use by third parties.
§ 18 Media services  
(1) Thirai offers event organizers and other interested parties (hereinafter: advertisers) media services on the platform or the mediation of media services on other online and offline media (hereinafter: publishers). The content and scope of the booked media services result from the information on the platform.

(2) With the booking of the media services, the Advertiser submits an offer. The acceptance of the offer by Thirai takes place through an explicit booking confirmation (email) or delivery of the media services within 5 (five) business days.

(3) If the booked media services cannot be delivered due to lack of space, changes of the media format by the publisher or due to circumstances for which Thirai is not responsible, Thirai is free to deliver the media services in comparable media and media categories or to have them delivered, as long as a similar target group with comparable range can be addressed through this.

(4) In the event that Thirai can neither provide the booked nor comparable media services according to §18 paragraph (2), Thirai will immediately inform the advertiser and refund any payment already made.

(5) The advertiser is obligated to provide complete, flawless media content suitable for the booked media services.

(6) In the event of a delayed delivery of media content or a delivery of media content that does not meet the requirements of the current media data specifications, Thirai cannot guarantee the proper delivery of the media content.

(7) The Advertiser shall check the quality of the Media Content immediately after its delivery and notify Thirai of any defects by email.

(8) Thirai reserves the right to refuse, block or withdraw orders and/or individual media services if there is a suspicion that their content could violate laws, official regulations or rights of third parties or could be perceived as offensive or unreasonable.
§ 19 Warranty of the organizer, API user and advertiser
(1) Organizers, sellers, API users and advertisers ensure that the content and advertising materials they provide comply with applicable law (e.g. criminal law, competition law and the law for the protection of minors) and do not violate any third-party rights (e.g. name rights, trademark rights, copyrights and data protection rights). The same applies mutatis mutandis to the content of linked websites and the events themselves. In particular, it is forbidden to advertise events or distribute content which

  • Racism
  • Glorification of violence and extremism of any kind;
  • Calls and incitements to criminal acts and violations of the law, threats against life, limb or property;
  • Statements that violate personal rights, slander, defamation and defamation of users and third parties, as well as violations of the law of fair dealing;
  • Copyright infringing content or other infringements of intellectual property rights;
  • Sexual harassment;
  • Pornography; Offensive, sexist, obscene, vulgar, hateful or profane material or language; or religious proselytizing
represent, concern or include.

(2) Content protected by copyright may only be included verbatim in contributions without the consent of the rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source.

(3) The organizer assures in particular that there are no reasons preventing the promotion of the events via the platform or with third parties (e.g. publishers) and/or offering the tickets via the platform and that, according to his knowledge, there is no reason preventing the realization of the event, as well as to inform Thirai immediately about the occurrence of such a reason.
§ 20 Rights of use
(1) The organizer, seller and advertiser declare to be the owner of the templates, photographs, advertisements and linked websites provided by them and/or to have the necessary rights of use and exploitation. This applies in particular also to livestreamings of the organizer which take place directly via Thirai.

(2) The organizer, seller and API user grants Thirai an irrevocable, non-exclusive, royalty-free right of use, unlimited in terms of space, time and content, to the content and event as well as goods and service descriptions posted on the platform, which is transferable to third parties. Thirai is entitled to use, edit and exploit the content at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of making available to the public. The organizer waives the right to name the author.

(3) The advertiser grants Thirai the non-exclusive rights of use, ancillary copyrights, trademark rights and other rights necessary for the creation and publication of the booked media services, which are transferable to third parties, in particular the right of duplication, distribution, transmission, broadcasting, making available to the public, extraction from a database and retrieval.

(4) All rights to the platform belong to Thirai. Subject to any other express provision in individual cases, the customers of Thirai are prohibited from copying, distributing and/or publishing content that Thirai, other customers of Thirai or third parties have placed on the platform. Permissible is an embedded link to the respective event and a use by means of the API interface provided by Thirai.

(5) Thirai grants the API User the use of the interface to the Platform (API) and access (only) to the data and content released by Thirai for use in accordance with the contract.
§ 21 Right to exemption
(1) The organizer, seller, advertiser and API user shall indemnify Thirai and its employees or agents in the event of a claim for alleged or actual infringement and/or violation of third party rights by actions taken by them in connection with the use of the platform or API and/or the booking of media services, in particular the posting of content (e.g. photographs or descriptions of events, goods, services or advertising) from all claims of third parties arising therefrom. In addition, the event organizer, seller, advertiser and API user agree to reimburse Thirai for all costs incurred as a result of third party claims. Reimbursable costs also include the costs of a reasonable legal defense.

(2) The event organizer shall also indemnify Thirai and its employees or agents against all third party claims and other costs incurred by Thirai as a result of the description of the events, goods or services offered not being correct or up-to-date, or the number or type of tickets / goods available not being up-to-date. This concerns, among others, repayment claims of participants, credit card costs, other cancellation costs and the costs of a reasonable legal defense.
IV. Other provisions
§ 22 Offsetting / Right of Retention
(1) The customer is only entitled to a right of set-off if his counterclaim has been legally established, is not disputed or acknowledged by Thirai or is in a close synallagmatic relationship to the claim of Thirai.

(2) The customer may only exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 23 Warranty  
(1) Unless expressly agreed otherwise, the Buyer’s warranty claims shall be governed by the statutory provisions applicable to the purchase of tickets, goods, services and/or the staging of events.

(2) Unless expressly agreed otherwise, the Customer’s warranty claims in relation to the use of the platform shall be governed by the statutory provisions of the law governing services or contracts.
§ 24 Liability
(1) Unlimited liability: Thirai is liable for intent and gross negligence. For slight negligence Thirai is liable according to the product liability law as well as for damages resulting from the injury of life, body or health of persons.

(2) Limitation of liability: Thirai is liable for slight negligence in all other respects only in the case of the violation of an essential contractual 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). The liability for slight negligence is limited to the amount of damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of the vicarious agents of Thirai.
§ 25 Adjustment of platform and API, extraordinary right of termination  
(1) Thirai is free to change the design and the contents of the platform as well as the API and its functionality at any time and to adapt it to newer circumstances. Thirai will notify the organizer, seller and/or API user in good time in advance of any changes relevant to them by email.

(2) The Organizer, Seller and API User are responsible for making adjustments that become necessary due to the aforementioned changes in a timely manner and at their own expense.

(3) If the organizer, seller or API user does not agree with changes that are essential for him, he can terminate this contract without notice from the day the changes become effective until one week after the day the changes become effective. Thirai will point out this right with the announcement of the changes by email. The organizer, seller and/or API user shall not be entitled to any claims beyond the termination without notice.
§ 26 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between Thirai and organizers, sellers and API users are exclusively governed by Swiss law, excluding the Federal Act on Private International Law (IPRG) and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).

(3) The statutory provisions shall apply to the place of jurisdiction for participants and purchasers. If the organizer, seller, advertiser or API user is a merchant or a legal entity, Olten (Switzerland) is the place of jurisdiction for all disputes arising from or in connection with contracts between organizer and Thirai.

(4) Thirai is entitled to transfer this contract with all rights and obligations to a company of its choice. The transfer shall become effective 28 days after it has been communicated to the customer. In the event of the transfer of this contract to another company, the customer shall be entitled to a special right of termination, which must be asserted within one week after notification.
Terms of Booking
ARTICLE 1 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE FOR ONLINE SALES

These General Terms and Conditions of Sale apply to Customers (hereinafter individually referred to as “Customer” and collectively referred to as “Customers”) within the framework of the online purchase of electronic tickets (hereinafter referred to as “e-ticket(s)”) and various offers through the service available on the website http://www.thirai.ch (hereinafter referred to as “Website”). The online sales service allows the Customer to purchase cinema tickets or redeem gift vouchers/invitations for the performance selected by the Customer, gift vouchers (available only on www.thirai.ch). Any purchase confirmed by the Customer through the Website implies the full, prior and unconditional acceptance of these General Terms and Conditions of Sale. The commercial use of the contents of the Website, in particular of the online ticket sales channel, without express written authorization, is strictly prohibited.

ARTICLE 2 – CONDITIONS OF USE OF THE ONLINE SALES SERVICE  

2.1 – Purchase of cinema tickets, gift vouchers or redemption of gift vouchers

The Customer may use the Online Sales Service to purchase movie tickets or redeem gift certificates/invitations for one or more performances.The customer may also use the online sales service to purchase gift certificates.The Customer may purchase one or more movie tickets or redeem gift certificates/invitations for all screenings available for sale, subject to availability and to the terms of use indicated on the gift certificates/invitations. The Customer may also purchase gift certificates that will be mailed to the Customer. The Customer will be asked which payment method he/she wishes to use for the online sales service.

The payment method specified in article

2.1.2 must be valid on the day of the performance.

2.1.1 – Bank card

The price applicable to the purchase of an e-ticket with a bank card is the price valid for the selected performance, and the payment is debited immediately. For gift vouchers, the price published on the website will be debited immediately. Payment will be made in Swiss francs, regardless of the origin of the sale.

ARTICLE 3 – PROHIBITION OF TICKET RESALE

The resale of all tickets purchased through the Thirai platforms is prohibited. Violations may result in the loss of the benefit associated with the tickets and any claims for damages or a claim for the return of profits against the person reselling the tickets and the purchasers of the same. Likewise, persons who violate this provision may be excluded from future ticket purchases and returns.

Thirai assumes no liability for tickets not purchased through its own sales channels.These do not entitle the holder to attend a performance and any claim for refund or liability is excluded.

ARTICLE 4 – CINEMA TICKETS

Once the payment is confirmed, the customer will receive a confirmation email. Customers who have a smartphone can present the e-ticket (QR code) directly. Thirai will transfer the responsibility of creating the ticket to the customer by sending the confirmation email to the address provided by the customer.

However, if the customer loses his/her e-ticket, he/she can contact the ticket office.Copying, duplicating or making a fake e-ticket is strictly prohibited. Only the first person to present the e-ticket will be admitted to the cinema hall. It is assumed that this person is the rightful e-ticket holder. Anyone who duplicates an e-ticket or uses a copy of an e-ticket is liable to prosecution. The cinema may refuse access to the cinema halls if it is aware that several printouts or duplicates of a printable e-ticket are in circulation or that the holder of a printout or duplicate has already been granted access to the cinema halls.

ARTICLE 5 – TICKET CONTROL AND ACCESS

The tickets are controlled with an electronic reader or by the staff. The customer must show his e-ticket on paper or with his smartphone. Access to the screens is possible up to 15 minutes after the start of the film. In the case of prices that require the presentation of proof (e.g. identity card or age restrictions), this will be requested when the e-ticket is checked. If the proof cannot be provided, access to the movie theaters will be denied.A QR code may only be presented once for inspection. E-tickets cannot be resold.

ARTICLE 6 – CANCELLATION AND REFUND OF E-TICKETS
6.1 – Tickets can be cancelled under the following condition:
=> 30 days prior to the event/show date free of charge
=> 29 – 15 days prior to the event/show date for 25% of the ticket total arrangement fee
=> 14 – 2 days before the event/show date for 50% of the ticket total arrangement costs
=> 24 hours before the event/show date for 100% of the ticket total arrangement costs

If the cancellation has been confirmed, then the affected tickets lose their validity and these are to be destroyed.

6.2 – Ticket rebooking:
=> Reebokings can only be done 24h before the event / show
=> Reebokings can be only done with a Ticket which belongs to a higher (upgrade) or same Ticket category / Price. Reebookings to other categories / Price are not allowed.
=> If Ticket reebooking can be done then for ticket rebookings, 10% of the ticket total will be charged as a service fee.

6.3 – Cancellation by the Customer: Cancellation of an e-ticket is possible under certain circumstances. For this purpose, a mail (info@thirai.com) must be made to Thirai. In case of payments by bank or credit card, the refund will be made by transfer to the bank account linked to the card used for the purchase. This may take several weeks. It should be noted that the refund will not be made if the card used for the original order has expired at the time of the cancellation request.

6.4 – Cancellation by the Cinema: Subject to the application of Article 7 below (Force Majeure), in the event of cancellation of the screening, the Cinema will offer the Customer either an invitation (except for special screenings) or, depending on the circumstances, a refund of the amount paid in accordance with the conditions below. The Customer may choose the option preferred by him/her, except in the cases mentioned below.

6.5 – If a person holding an e-ticket is denied access to the performances due to a violation of these Terms and Conditions or the admission conditions, he/she shall not be entitled to a refund of the price paid.
ARTICLE 7 – LOSS OF AN E-TICKET PURCHASED THROUGH THE ONLINE SALES SERVICE
In case of loss of an e-ticket reserved through the Website, the Customer may collect his/her ticket at the cinema box office by presenting the ticket receipt of his/her online reservation. However, if he made his reservation with a bank card, he can pick up his ticket at the box office only with the reservation number he found in his confirmation email.

In order to receive his e-ticket, the customer must present the same payment method he used to make the purchase and pick it up no later than forty-five (45) minutes before the start of the screening. After that time, the customer will not be issued a ticket and will not be entitled to a refund.
ARTICLE 8 – FORCE MAJEURE  

Thirai cannot be held liable if an event occurs that is designated as force majeure, including but not limited to:

– Force Majeure (such as fires, explosions, earthquakes, drought, tidal waves and floods);

– Pandemics, epidemics, or similar outbreaks of disease, including quarantine orders, or other public health emergencies

– War, hostilities (whether or not war has been declared), invasion, acts of foreign enemies, mobilization, requisition or embargo;

– Rebellion, revolution, insurrection, military or usurped power, or civil war;

– Contamination by radioactivity of nuclear fuel or of nuclear waste from the burning of nuclear fuel, radioactive toxic explosives, or

other hazardous properties of explosive nuclear assemblies or nuclear components of such assemblies;

– riots, civil commotion, strikes, work stoppages, lockouts or civil disturbances, except when confined exclusively to employees of the supplier or

its subcontractors

– Terrorist acts or threats or rampages.

In the above cases, where it is impossible to hold a performance for which tickets have been sold, the Customer shall not be entitled to any refund or compensation of any kind.

ARTICLE 8 – FORCE MAJEUREARTICLE 9 – PERSONAL DATA OF THE CUSTOMER
9.1 Personal data required for the provision of online sales services shall be processed in accordance with the provisions of Swiss data protection law. Personal data will be used for the purposes stated at the time of collection, in connection with the conclusion or fulfillment of contractual agreements (service delivery or product orders), for the purposes required by the circumstances or legislation and/or for marketing and analysis.
ARTICLE 10 – COOKIES  
Thirais website uses cookies in order to function properly. Cookies are text files that are stored either temporarily or permanently on the customer’s computer. The customer’s data is collected and stored anonymously, and the statistics of our website do not contain information about individual users. Cookies store information such as the time of a user’s visit, whether it is the first visit, and information about the page from which the user came. The anonymous data collected via cookies is sent to a Google server in the USA and stored there. Google and Facebook/Atlas may pass this data on to third parties if this is required by law or if the third parties process this data on behalf of Google. By using this website, the customer agrees to the processing of the data collected about him in the manner and for the purpose described above. Cookies can be removed or disabled in your browser at any time. Removing cookies may affect the availability of certain functions.
ARTICLE 11 – DATA SECURITY
Sending or transmitting data via the Internet is done at the customer’s own risk. When ordering on a page of the website that allows online payment, the online data that the customer sends to us is protected by a Secure Socket Layer (=SSL). Despite all technical measures taken by Thirai, it is possible that data can be lost or intercepted or manipulated by unauthorized third parties. The customer is responsible for taking appropriate security measures.
ARTICLE 12 – RIGHT OF ACCESS AND RECTIFICATION  
The Customer may contact us at any time to find out what personal data is stored in our files or to correct data that may be incorrect despite our efforts and regular updates.
ARTICLE 13 – SECURITY AND CONFIDENTIALITY OF INFORMATION

The Website complies with the law in force in Switzerland regarding the confidentiality of users’ personal data.

Security of payments:

– For payments by bank card, the Website uses the latest technologies and has SSL certification, which has been confirmed by a legally recognized

confirmed by a legally recognized body.

– the data used (card number, expiration date and security code) are transmitted in encrypted form to a recognized software program,

which communicates with the banks used.

Retention of payment data:

– The payment data will be kept for a maximum of thirteen (13) months after the actual payment, in order to allow possible refunds of tickets,

Cancellations of orders and/or complaints from the customer.

– Bank card data may be retained with the express consent of the customer. – Bank card security codes are never stored.

ARTICLE 14 – APPLICABLE LAW – JURISDICTION – DISPUTES  
These General Conditions of Sale are governed by Swiss law. Any complaints or disputes arising from the interpretation or performance of these General Conditions of Sale shall be submitted to the competent courts in accordance with general law. The place of jurisdiction is Bern.
Conditions of Entry (Zulassungsbedingungen)
TO ENSURE YOUR COMFORT AND SAFETY DURING YOUR STAY IN OUR PREMISES, WE ASK YOU TO OBSERVE THE FOLLOWING:
1. TICKETS
The ticket must be kept throughout your visit to the cinema so that it can be presented to the Thirai team at any time. Your ticket is only valid for the movie, day and time indicated on the ticket.

We reserve the right to deny access to one or more auditoriums for special or private screenings.

We reserve the right to deny access to the halls beyond 15 minutes before and after the start of a screening.

Tickets will be checked either at the entrance or in the halls. Anyone who does not have a valid ticket for the film screening in question will be reported and will have to pay a fine of CHF 250.00.

Anyone who unlawfully duplicates and passes on tickets, vouchers or invitations will be reported to the police.

In the event of violations of these admission conditions, we reserve the right to report the perpetrator and to deny him access to the cinema.
2. ENTRY AGE

The minimum age for admission to cinemas is 3 years, even for films for which there is no age restriction (with the exception of infant screenings, for which children aged 2 and over are admitted).

Legal national age restrictions apply.

Children under 6 must be accompanied by an adult in all areas and at all times.

We recommend that children between the ages of 6 and 10 be accompanied by an adult.

Persons under the minimum age will not be admitted, even if accompanied by an adult.

In case of doubt, proof of identity may be requested to verify a person’s age. If proof of identity is not provided, we reserve the right to refuse entry to the person in question.

3. REFUNDS

Tickets will only be refunded if all of the following conditions are met:

– the refund is made exclusively directly at the box office of the cinema in question

– the refund must be made at least 15 minutes before the start of the performance in question

– if the purchase was made with a credit card, the refund will be made only upon presentation of the card with which the original payment was made.

4. PROHIBITED ITEMS AND BEHAVIOR

The following items are prohibited in all areas of the cinema: – Food and beverages, including alcohol, not purchased at the cinema.

– Shopping bags, suitcases, etc.

– Motor scooters, skateboards, skates, etc.

– audio players, loudspeakers and similar devices

– cameras, video cameras, sound recording devices

– Pets (exception: assistance dogs)

– Narcotics and drugs

– Weapons of any kind (firearms, knives, clubs, etc.)

The above items will be retained at the entrance of the cinema until the end of the performance or, if they are illegal items such as weapons, drugs, etc., they will be reported to the authorities.

The smoking ban must be strictly observed. Non-compliance will be punished with a fine of CHF 250.00 and reported to the authorities. This also applies to e-cigarettes, vaping devices, etc.

Cell phones are to be switched off upon entering the cinema hall and during the screening.

Inappropriate clothing that may offend other customers or inappropriate behavior that may offend other customers will automatically result in exclusion from the cinema without entitlement to a refund and/or reporting to the police.

5. STOLEN OR LOST ITEMS  
No liability will be accepted for stolen or lost items. Found items will be kept in the theater for seven days.
6. GENERAL RIGHT OF REFUSAL
We reserve the right to refuse admission to the cinema to any person who violates any of the above articles.