General Terms & Conditions

of

WT Wien Ticket GmbH
Hütteldorfer Strasse 2f
1150 Vienna
Company register number: FN 256701b
Member of the Vienna Chamber of Commerce
Tel: +43/1/58885 - 500
E-Mail: office@wien-ticket.at
www.wien-ticket.at

1. General information and scope of application

1.1. These General Terms and Conditions ("GTC") apply to the brokerage of ticket purchases, the purchase of value vouchers and goods (collectively "items") via the webshop, by telephone, via sales outlets, box offices, by fax or by SMS and WhatsApp of WT Wien Ticket GmbH ("Wien Ticket") to buyers ("customer").

2. Order

2.1. Wien Ticket sells tickets for scheduled events to customers via the webshop (www.wien-ticket.at), sales outlets and box offices, by fax, telephone, SMS and WhatsApp in the name and for the account of the respective event organizer. Customers can also purchase goods from Wien Ticket, such as merchandising articles, subject to availability.

2.2. Value vouchers are offered for a certain value in a corresponding euro scale and can be purchased by the customer. The value vouchers can be redeemed for the purchase of event tickets or goods.

2.3. An order via the webshop is placed as follows:

• The customer selects the items he wishes to order in the Wien Ticket webshop.
• Before completing the purchase via the webshop, the customer has the opportunity to check his order and correct any errors.
• All orders placed by the customer are binding as soon as the customer clicks on the "proceed to payment" button in the webshop and thus submits his offer.
• After placing an order, the customer receives a separate, automated confirmation of receipt of the order by email. Such confirmation of receipt does not constitute acceptance of the offer by the organizer or Wien Ticket.
• The offer shall only be accepted by means of a separate, written order confirmation, sending of the invoice or actual delivery of the ordered items..

2.4. An order via telephone, SMS and WhatsApp ("telephone request") is concluded as follows:

As part of a telephone inquiry from the customer to Wien Ticket, Wien Ticket will provide the customer with the following information via the same channel of communication:

• the essential characteristics of the products specified in the order;
• the name of Wien Ticket, the address of the branch office as well as the telephone number and email address;
• the total price of the order including taxes and fees;
• the existence of a right of withdrawal;
• the type of delivery.

In the case of contracts concluded via SMS or WhatsApp, Wien Ticket sends the customer the GTC or a link to the GTC, which become part of the contract. In the case of contracts concluded via telephone, the customer will be informed of the applicable GTC and their availability on the Wien Ticket website by audio tape before the telephone call is accepted, and the above-mentioned information will be communicated to the customer verbally.

After the customer has confirmed the components of the contract, the customer submits his offer. Wien Ticket can accept this by reconfirmation, whereby the contract is concluded.

2.5. On the business premises of Wien Ticket the order between the customer and Wien Ticket is concluded as follows:

When customers order products in the business premises of Wien Ticket, the following information is provided to the customer before the contract is concluded:

• the essential characteristics of the products;
• the name, address of the company’s branch office as well as its telephone number and e-mail address of Wien Ticket;
• the total price of the products including taxes and fees; and
• the terms of payment.

In addition, Wien Ticket shall inform the customer that these GTC will become an integral part of the contract and shall make them available to the customer on a durable medium.

The contract is concluded by verbal or written confirmation by the customer to Wien Ticket regarding the contract.

3. Payment

3.1. The prices quoted are end consumer prices including all taxes and duties.

3.2. The customer is shown the price before placing a binding order.

3.3. Payment can be made in cash, by debit or credit card, instant bank transfer, Paypal or Wien Ticket voucher. Wien Ticket reserves the right to adjust the available payment options.

3.4. Each ticket is only valid after full payment has been received.

4. Delivery/collection and use of the products

4.1. If the customer has selected postal delivery of the ordered tickets during the ordering process, Wien Ticket shall be liable for the proper dispatch of the mail items to the address specified by the customer and for the selection of the carrier.

4.2. Exclusively digitally retrievable products (electronic tickets and wallet tickets) are made available to the customer in three variants:

i. Directly after purchase in the online store as a downloadable ticket;
ii. By sending the tickets and invoice by email to the email address provided by the customer when placing the order; and
iii. By retrieving and downloading the tickets in the personal online store customer account.

4.3. Depending on the customer's choice, value vouchers are sent as print@home or by post within Austria and internationally or deposited at Wien Ticket's box offices.

4.4. Postal delivery for products that are not exclusively digital retrievable and are not tickets or value vouchers is carried out by Wien Ticket. The choice of carrier is made by Wien Ticket.

4.5. Details on the delivery and collection options for tickets and value vouchers can be found at any time at www.wien-ticket.at.

4.6. Customers are obliged not to make print@home tickets or mobile tickets accessible to unauthorized third parties and to store them carefully. The principle of first entry applies to admission to the event (i.e. the print@home ticket or mobile ticket that is accepted first with its unique identification is the valid one). Subsequent tickets with the same identification are automatically invalidated when the first ticket is admitted - this only applies if the reasons for any incorrect validation are not attributable to Wien Ticket or if Wien Ticket is otherwise at fault).

4.7. Any misuse of tickets will be prosecuted; alterations and copies (e.g. forwarding of mobile tickets) of tickets are prohibited. In the event of altered or misused tickets, the organizer or the venue expressly reserves the right to deny the owners access to the event. Wien Ticket, the organizer or the venue shall not be responsible for any additional costs or inconvenience caused thereby.

5. Liability

5.1. Claims of any kind in connection with the event are to be addressed exclusively to the respective organizer.

5.2. Wien Ticket is liable for the proper brokerage of tickets.

5.3. Wien Ticket's liability for material damage caused by products for which Wien Ticket is only slightly at fault is excluded. This limitation of liability does not apply to damages resulting from injury to life, body or health of people and for claims under the Austrian Product Liability Act. Furthermore, the limitation of liability also does not apply to the breach of main contractual obligations by Wien Ticket or one of its vicarious agents.

5.4. The data and information on events contained on the website, mailings and other advertising serve as preliminary information for interested parties.

5.5. Wien Ticket accepts no liability whatsoever in the event of loss in the customer's sphere of products that can only be accessed digitally (e.g. due to deletion or loss of the cell phone).

In this case, it is recommended that the customer contacts the mobile phone operator directly.

Wien Ticket cannot provide a replacement for any other loss of a ticket (printed or digital) in the customer's sphere.

6. Cancellation or changes to the event and refunds

6.1. As a voluntary service, Wien Ticket can notify those customers who have purchased tickets for an event in case of cancellation, postponement or any other change by post, email, telephone or SMS, provided that the relevant contact details are available.

6.2. The organizer reserves the right to make customary changes to the cast and program to a reasonable extent (such as changes to the cast of theater, musical or opera performances, changes to the program schedule, minor changes to starting times, changes to supporting acts for concerts, minor changes to the schedule for concert performances, etc.) and are in any case no reason for a refund or reduction of the ticket price.

6.3. Wien Ticket is merely an agent for the tickets and is not liable for the reimbursement of admission fees by the organizer, unless Wien Ticket is at fault or the reimbursement is not made for reasons within the sphere of Wien Ticket. Any refunds will be made exclusively via the organizer, with Wien Ticket GmbH offering appropriate mediation services. Wien Ticket's services are to be distinguished from the performance of the event. If Wien Ticket has already provided the customer with the services commissioned by the customer before the event is canceled, postponed or canceled (e.g. brokerage and issuing of tickets; dispatch of tickets, ticket cancellation protection or ticket insurance), a refund of these fees is excluded.

7. Redemption, transferability and exclusion of commercial resale of value vouchers

7.1. Value vouchers are valid for a period of 5 years from the conclusion of the contract. The validity date printed on the value voucher is decisive. Customers can have a value voucher extended by Wien Ticket after the 5-year period has expired.

7.2. The value vouchers can be used by entering the voucher number in the webshop, at the Wien Ticket Call Center and other Wien Ticket sales outlets.

7.3. Cash redemption of value vouchers is excluded.

7.4. Customers are not entitled to resell purchased value vouchers commercially. In the event of a breach of the ban on commercial resale, the customer is obliged to surrender the profit made to Wien Ticket.

8. Right of withdrawal

8.1. The customer is a consumer within the meaning of the Austrian Consumer Protection Act. The customer has the right to withdraw from the contract within fourteen days without giving any reason. The period begins on the day on which the customer acquires possession of the product.

8.2. There is no right of withdrawal in the following cases:

• There is no right of withdrawal when purchasing tickets for a specific event. For example, services provided in connection with leisure activities, provided that a specific time or period is contractually stipulated for the fulfillment of the contract by the entrepreneur, are excluded from the right of withdrawal in accordance with sect 18 para 1 lit 10 Distance Selling and Off-Premises Transactions Act (“Fernabsatz- und Auswärtsgeschäftegesetz”-“FAGG”). The consumer therefore has no right to withdraw from the mediated purchase contract for the tickets.
• The customer has no right of withdrawal if he/she redeems the value voucher within the withdrawal period and Wien Ticket is authorized to provide the service prematurely on the basis of an express request by the customer and the customer confirms the loss of the right of withdrawal upon complete performance of the contract.
• When purchasing goods such as merchandising items, the customer has no right of withdrawal if
  (i) the goods are manufactured according to customer specifications or are clearly tailored to personal requirements;
  (ii) the goods are delivered sealed and are not suitable for return for reasons of hygiene if the seal has been removed;
  (iii) it is a sound or video recording or computer software supplied in a sealed package, provided that the seal has been removed; and
  (iv) Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such goods.

8.3. General conditions of the right of withdrawal

If the customer has a right of withdrawal, the following provisions shall apply:

In order to exercise the right of withdrawal, the customer must inform Wien Ticket (WT Wien Ticket GmbH, Hütteldorfer Straße 2f, 1150 Vienna, kundenservice@wien-ticket.at, +43/1/58885 - 500) by means of a clear statement (e.g. a letter sent by post, fax or email) of his decision to withdraw from the contract. The customer may use the model withdrawal form below, but this is not mandatory. In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

8.4. Consequences of withdrawal:

In the event that the customer effectively exercises an existing right of withdrawal, Wien Ticket will refund all payments received, including any delivery costs, immediately and at the latest within fourteen days from the day on which the notification of withdrawal of the purchase contract was received. For this repayment, Wien Ticket shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. Under no circumstances will the customer be charged any fees for a refund.

In the event of withdrawal, the customer must return or hand over the goods or value vouchers to Wien Ticket (WT Wien Ticket GmbH, Hütteldorfer Straße 2f, 1150 Vienna, Austria) within fourteen days of the day on which they informed Wien Ticket of the withdrawal of this contract at the latest. The deadline is met if the customer sends off the goods or value vouchers before the expiry of the fourteen-day period.

In any case, the customer shall bear the costs of returning the goods or value vouchers as a result of a withdrawal.

8.5. Wien Ticket may refuse repayment until it has received the goods or value vouchers back or until the customer has provided proof that he has returned the goods or value vouchers.

8.6. The customer shall only be liable for any loss in value of the goods if it is not due to measures necessary to check the nature, properties and functioning of the goods.

8.7. Sample withdrawal form

The customer can use the following form and send it to us if he wishes to withdraw the contract:

9. Resale of tickets

9.1. The resale of tickets for commercial purposes, of personalized tickets and tickets for which concessions, discounts or rebates have been claimed, in particular via secondary ticket and auction platforms such as ebay, viagogo, stubhub or others, is only permitted with the written consent of Wien Ticket. If an unauthorized sale is detected, the ticket loses its validity. Wien Ticket expressly reserves the right to take further legal action. Alternatively, Wien Ticket may claim the profit generated by the unauthorized resale.

9.2. Wien Ticket reserves the right to reject purchase requests for more than 10 tickets or to approve them only after separate examination.

10. Ticket resale function

10.1. Wien Ticket offers customers the opportunity to resell tickets ("Resale Tickets") for individual events ("Resale Function"). Customers can offer their purchased tickets for resale via the official Wien Ticket platform.

10.2. This function is only available for selected events and customer groups ("Authorized Customer"). The events and customer groups are activated by Wien Ticket. The Resale Function is available to Authorized Customers from the time of activation by Wien Ticket. The decision on activating the Resale Function and the exact time will be made by the organizer of the event together with Wien Ticket at its own discretion. The customer has no legal claim regarding the activation of the Resale Function. Once activated for Authorized Customers, the Resale Function is generally available until the end of the day before the respective event ("Resale Period").

10.3. Authorized Customers can resell individual or multiple tickets that they originally purchased as an Authorized Customer via Wien Ticket via the Resale Function ("Reseller"). The purchased tickets are released for resale by the ticket holder by clicking on the checkboxes of the tickets on the official Wien Ticket platform. The tickets offered for sale by the Reseller via the Resale Function can then be purchased by a new buyer from the Reseller ("Rebuyer").

10.4. Resale Tickets for events with fixed seating are marked with the symbol or a similar symbol on the corresponding seat when offered to the potential Rebuyer in the webshop. For all events without a fixed seat booking, the Rebuyer is informed via an additional information window (ticket exchange window) that these are Resale Tickets. When adding the ticket to the shopping cart, the Rebuyer will also be informed separately that the tickets are Resale Tickets and that the additional fees mentioned under point 10.7. apply. For the further booking process, the ordering system described under point 2.3. applies.

10.5. The resale process is as follows:

The Reseller has the option of withdrawing his offer until an order for his Resale Tickets is completed by a Rebuyer. In this case, the Resale Tickets remain with the Reseller and he can use the tickets himself.

In the event of a successful resale, the original tickets are canceled and new Resale Tickets are issued to the Rebuyer. The Resale Tickets are sold directly by the Reseller to the Rebuyer. Wien Ticket only acts as an intermediary for the Resale Tickets. The Resale Tickets are issued by Wien Ticket on behalf of the Reseller. In the case of the event being canceled or postponed, point 6.3. shall apply to the Rebuyer. In this case, the Reseller shall have no claims against Wien Ticket arising from the purchase of the Resale Tickets.

If the Resale Tickets are not sold to a new Rebuyer by the end of the Resale Period, the tickets remain with the Reseller. Wien Ticket will inform the Reseller by e-mail that the Resale Period has expired and that the tickets have not been resold.

10.6. The Reseller receives when he

(i) posts the tickets on the platform;
(ii) sales the tickets to a new Rebuyer;
(iii) terminates the offer by himself before a sale to a Rebuyer has taken place; and in the case of
(iv) expiry of the Resale Period

a confirmation e-mail about the corresponding process from Wien Ticket.

10.7. The ticket prices of Resale Tickets are retail prices including all taxes and duties. The Reseller will be informed about fees and additional charges for the resale service by Wien Ticket when the tickets are placed on the platform and the Rebuyer before the order is placed. The additional fees are only due to the agreed amount upon successful resale of the Resale Tickets. If an event is canceled or postponed, point 6.3. shall also apply with regard to the additional fees for the Reseller and Rebuyer.

10.8. Reimbursement of the ticket price after the sale of Resale Tickets to the Reseller shall be made exclusively by SEPA direct debit within fourteen days. When using the Resale Function, the Reseller is obliged to provide Wien Ticket with the necessary data. Reimbursement of the ticket price by other means of payment is excluded.

11. House rules of the organizer

11.1. By purchasing a ticket, the visitor accpets the house rules of the respective venue as well as the instructions of the respective organizer. At all venues, the admission regulations of the respective venue apply to latecomers. The ticket loses its validity when leaving the venue.

11.2. If the ticket states "Valid as a ticket for the Viennese public transportation", this applies to the Verkehrsverbund Ost (VOR) in the core zone 100, two hours before and six hours after the start of the performance.

12. Volume

12.1. The customer is advised that there is a risk of damage to hearing and health at events, particularly due to the volume. It is therefore advisable to take appropriate protective measures, especially for children and people with hearing impairments.

13. Place of jurisdiction and choice of law

13.1. The exclusive place of jurisdiction for all disputes with companies arising from this contract and for consumer transactions where the consumer is neither domiciled or habitually resident in Austria nor employed in Austria at the time the action is brought to court shall be the court with local and subject-matter jurisdiction for 1010 Vienna.

13.2. The substantive law of the Republic of Austria shall apply exclusively, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as mandatory provisions of the law of the country in which they have their habitual residence are not superseded.

 

Vienna, on 19 November 2024