AGB — Ticket Broker Terms

Part A — Definitions

• Platform / Broker / "we": Noktürn, operated by David Kungang Aminkeng, Schloßstraße 42, 51061 Köln, Germany (Kleinunternehmer gemäß § 19 UStG).
• Organiser: the natural or legal person that produces the event and to whom the ticket entitles admission. The Organiser is the sole contractual partner of the Buyer regarding the event itself.
• Buyer: the natural or legal person who purchases one or more tickets via the Platform.
• Ticket: a personal, digitally issued admission voucher with a unique QR token. Each Ticket is issued exactly once and can be redeemed only once (see § 6).
• Booking fee: the brokerage remuneration described in § 4.

Part B — Terms between Noktürn (Broker) and the Organiser

§ B1 Scope and role

Noktürn operates a technical platform through which the Organiser can publish events and offer tickets to Buyers. Noktürn acts exclusively as a broker in the name of and on behalf of the Organiser (offener Stellvertreter, § 164 BGB). The event contract is concluded directly between the Buyer and the Organiser. Noktürn is not itself the seller of the ticket, does not become party to the event contract, and is not liable for the performance, cancellation, quality or safety of the event.

§ B2 Responsibilities of the Organiser

• correct event data, prices, tax treatment and available capacity;
• compliance with all applicable regulations (Versammlungsstättenverordnung, GEMA, Jugendschutz, GewO, Preisangabenverordnung, etc.);
• issuing a §14 UStG-compliant invoice for the ticket price to the Buyer where required (if the Organiser is not a Kleinunternehmer);
• refunding Buyers in full and without delay if the event is cancelled or materially altered;
• keeping a valid liability insurance for the event.

§ B3 Commission and settlement

Noktürn charges the Organiser a brokerage commission of 8 % of the gross ticket price per successful sale, unless individually agreed otherwise in writing. The commission is retained from the ticket proceeds at settlement. Because Noktürn is a Kleinunternehmer within the meaning of § 19 UStG, no VAT (Umsatzsteuer) is charged on this commission.

Every commission statement carries the note:
"Umsatzsteuerfrei aufgrund der Kleinunternehmerregelung gemäß § 19 UStG."

§ B4 No double-selling

The Organiser warrants that ticket capacities entered on the Platform are not simultaneously sold through other channels beyond the allocated quota. The Platform enforces stock atomically at database level (row-level lock in the commit_ticket_sale function) so that the total number of Tickets issued for a given tier can never exceed the tier capacity. The Organiser is responsible for keeping capacity in sync with any offline sales.

§ B5 Payouts

Ticket proceeds (gross ticket price minus Noktürn's commission and any Stripe processing costs) are transferred to the Organiser's IBAN on file, in accordance with the payout schedule shown in the Organiser dashboard. Noktürn may withhold payout amounts in case of suspected fraud, chargebacks, or Organiser default.

§ B6 Liability of Noktürn towards the Organiser

Noktürn is liable only for intent and gross negligence, and for damages arising from the breach of essential contractual duties (Kardinalpflichten) up to the amount of the commissions received from the Organiser in the preceding 12 months. Statutory liability for injury to life, body or health remains unaffected.

Part C — Terms between the Organiser and the Buyer (brokered by Noktürn)

§ C1 Contracting party

By clicking the button labelled "Kostenpflichtig bestellen" / "Complete purchase" the Buyer submits a binding offer to the Organiser to purchase the selected Tickets. The event contract comes into existence between the Buyer and the Organiser upon delivery of the Ticket confirmation. Noktürn is not the Buyer's contractual partner regarding the event.

§ C2 Prices, VAT and fees

• The ticket price is set by the Organiser and shown gross. VAT on the ticket price, if any, is owed and declared by the Organiser — Noktürn does not add VAT to the ticket price.
• Noktürn's brokerage service fee (8 %) is shown as a separate line item ("Booking fee") before the final "Complete purchase" step (§ 312j BGB / Button-Lösung). This fee is VAT-exempt under § 19 UStG (Kleinunternehmerregelung) and is charged by Noktürn for the technical brokerage service.

§ C2a International sales and cross-border VAT

The Platform is accessible worldwide. Buyers may therefore purchase tickets from outside Germany, including other EU member states and third countries. Noktürn only acts as the technical broker; the contractual partner for the event itself is the Organiser.

Noktürn's brokerage commission is always invoiced under the German small-business rule (§ 19 UStG) and shown without VAT:
"Umsatzsteuerfrei aufgrund der Kleinunternehmerregelung gemäß § 19 UStG."
The place of supply for this brokerage service is Germany (place of the broker's establishment). Any VAT liability on the ticket price itself depends on the Organiser's tax status and the country where the event is held. Buyers from outside Germany remain subject to the mandatory consumer-protection rules of their country of residence.

§ C3 No withdrawal right for event tickets

Pursuant to § 312g Abs. 2 Nr. 9 BGB, the statutory 14-day right of withdrawal does not apply to tickets for events tied to a specific date or period (Freizeitveranstaltungen). Refunds are therefore only issued if the Organiser cancels the event or materially alters it.

§ C4 Personal ticket, no resale, no duplicate issuance

• Each Ticket carries a unique, cryptographically random QR token (16 bytes, hex-encoded). The Ticket is issued exactly once. The Platform enforces this at database level and cannot mint two tickets sharing the same token.
• The QR token is redeemed exactly once at the venue (scanned_at timestamp). Any subsequent scan of the same token is rejected as "already used", regardless of who presents it.
• Unauthorised commercial resale (Schwarzmarkt) is prohibited and may lead to the Ticket being invalidated by the Organiser without refund.

§ C5 Data protection

Personal data (name, email, billing details) provided at checkout is processed by Noktürn on the basis of Art. 6 (1) (b) GDPR (contract performance) and passed to the Organiser to fulfil admission, and to Stripe Payments Europe Ltd. for payment processing. Retention: 10 years for invoice-related data (§ 147 AO). See our Privacy Policy.

§ C6 Complaints / support

Ticket-related issues (wrong tier, non-delivery of QR, request for duplicate) should first be raised with Noktürn Support at noktuern@gmx.net. Event-related issues (cancellation, refund, complaints about the event itself) are the sole responsibility of the Organiser.

§ C7 Governing law and jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection law of the Buyer's country of residence remains unaffected. Place of jurisdiction for merchants: Köln, Germany.

Part D — Tax and invoicing (§ 19 UStG summary)

Noktürn is a small business (Kleinunternehmer) within the meaning of § 19 UStG. All invoices and commission statements issued by Noktürn therefore bear the note:

Umsatzsteuerfrei aufgrund der Kleinunternehmerregelung gemäß § 19 UStG. Es wird keine Umsatzsteuer berechnet und ausgewiesen.

Invoices are numbered sequentially (format INV-YYYY-NNNNNN, Postgres sequence) and archived for 10 years in accordance with § 147 AO / GoBD. The ticket-price VAT (if any) is the sole responsibility of the Organiser and is shown on the Organiser's own invoice to the Buyer, not on Noktürn's brokerage receipt.

Because the Platform can be accessed from any country, ticket buyers outside Germany may complete purchases. The brokerage service fee remains VAT-exempt under § 19 UStG regardless of the buyer's location. Any VAT, sales tax or similar duty on the ticket price is calculated, declared and shown by the Organiser in accordance with the tax rules applicable to that specific event.

Contact for AGB questions: noktuern@gmx.net · +49 221 42323396 · See also our general Terms, Privacy, and Impressum.