GENERAL TERMS AND CONDITIONS
I. General
The website www.concertvienna.com and the ConcertVienna Online Ticket Agency are operated by ZAHOV OG and serve, on the one hand, the purpose of providing information about events organised by third parties and, on the other hand, online booking and provision of tickets for such events by the ConcertVienna Online Ticket Agency to its customers.
ZAHOV OG / ConcertVienna Online Ticket Agency is not an organiser itself; the different events are organised by the respective organisers. ZAHOV OG is merely the provider of the tickets; by ordering tickets ZAHOV OG / ConcertVienna Online Ticket Agency is commissioned by the customer to procure the tickets from the organiser, i.e. to process the ticket purchase including shipping. ConcertVienna Online Ticket Agency owes its customers proper procurement of tickets, not the holding of the event.
II. Applicability of the GTC
These General Terms and Conditions (GTC) apply to all contracts concluded between ZAHOV OG (hereinafter referred to as ConcertVienna Online Ticket Agency) and its customers (this includes both entrepreneurs as defined in Section 1(1) No. 1 of the Austrian Consumer Protection Act [Konsumentenschutzgesetz/KSchG] and consumers as defined in Section 1(1) No. 2 KSchG, in particular to all contracts concluded via the online booking platform available on the website www.concertvienna.com, as well as to all contracts concluded by telephone or email.
Before concluding the contract ConcertVienna Online Ticket Agency will draw its customer’s attention to the applicability of these GTC. Before concluding the contract the customer will have the opportunity to inspect the GTC. The GTC may be retrieved from www.concertvienna.com; upon request ConcertVienna Online Ticket Agency will send them to the email address provided by the customer prior to conclusion of the contract. For contracts concluded online the customer, in addition, agrees to the applicability of the GTC by ticking the checkbox provided for this purpose before sending the electronic order.
Any terms and conditions of the customer shall become no part of the contract.
III. Conclusion of the contract; Contents
The services offered by ConcertVienna Online Ticket Agency at www.concertvienna.com represent a non-binding request for the customer to make a binding offer for the services offered.
By ordering tickets (in particular via the online booking platform, by telephone or email), the customer submits a binding offer to ConcertVienna Online Ticket Agency to procure tickets for events between the organiser and the customer for the customer.
ConcertVienna Online Ticket Agency will acknowledge receipt of the customer's order by sending confirmation to the email address provided by the customer and check availability of the tickets. ConcertVienna Online Ticket Agency will then endeavour to obtain the ordered tickets from the organiser but is unable to guarantee that the procurement will be successful. ConcertVienna Online Ticket Agency will notify the customer whether the ticket(s) is/are available in a separate email. The contract between the customer and Concert Vienna Online Ticket Agency shall be concluded only by sending the notification email by which ConcertVienna Online Ticket Agency confirms the availability of the ticket(s).
Any travel arrangements made by the customer (arrangements regarding travel and stay such as trip and hotel bookings, travel tickets) and any costs incurred by the customer as a result shall not become part of the contract.
ConcertVienna Online Ticket Agency will debit the amount to be paid by the customer by way of the payment method chosen by the customer, with the customer being required to pay in advance and the tickets being delivered by ConcertVienna Online Ticket Agency only after the amount has been debited from the customer’s account.
Debiting the ticket price will be done via the means of payment chosen by the customer (IV.). If there are indications of negative creditworthiness of the customer, ConcertVienna Online Ticket Agency will be entitled to restrict the payment method to payment in advance by money transfer.
If ConcertVienna Online Ticket Agency is unable to obtain the ticket(s) ordered by the customer, ConcertVienna Online Ticket Agency will refund the final price previously paid by the customer for the tickets, including service and processing fees.
Ticket orders placed by the customer are legally binding.
ConcertVienna Online Ticket Agency makes reference to the provision of Section 18(1) No. 10 of the Austrian Act on Distance and Off-Premises Transactions [Fernabsatz- und Auswärtsgeschäfte-Gesetz/FAGG], according to which there is no statutory right of withdrawal for the consumer with respect to distance contracts or contracts concluded off-premises for services rendered in connection with leisure activities, provided that in each case a specific date or period of time is contractually stipulated for performance of the contract by the provider. When ordering tickets for events the consumer therefore has no statutory right of withdrawal under the FAGG.
Requests expressed by the customer during the ordering process will be fulfilled by ConcertVienna Online Ticket Agency where possible but are not binding on ConcertVienna Online Ticket Agency.
When ordering via the online booking platform the customer has no option to personally select the seats within the price category chosen. If not all requested seats are available next to each other, the customer will be given the tickets in groups of at least two adjacent seats. Should the desired price category or the number of seats requested by the customer no longer be available or not be in immediate proximity of each other, the customer will be notified and informed of alternatives.
IV. Means of payment
ConcertVienna Online Ticket Agency accepts the following means of payment:
Credit cards: Diners Club, Visa, Master Card Verified by Visa, Master Card SecureCode
V. Ticket collection / Provision of tickets:
Depending on the event, the following ticket collection options are available:
• Collection from the box office of the relevant venue on the day of the event by the customer, with ConcertVienna Online Ticket Agency specifically pointing out that such collection may require the presentation of a printed booking confirmation and/or identification card by the customer;
• Print@Home ticket (=eTicket): in this case the booked tickets may be retrieved online; it is the customer's responsibility to print out the booked tickets and have them ready before and during the event.
Up-to-date event data must be verified by the customer on the day of the event. ConcertVienna Online Ticket Agency is under no obligation to inform the customer of any changes to the event.
When gaining access to an event, the Print@Home ticket that is used first and its unique identifier is the valid ticket. Subsequent tickets with the same identifier will automatically be invalidated by redemption of the first ticket and will not entitle the holder to attend the event.
As a precaution ConcertVienna Online Ticket Agency points out that the organisers have issued house rules that are applicable to the relevant venue. Ticket users are therefore requested to inform themselves about the relevant house rules well in advance. ConcertVienna Online Ticket Agency has no influence on the content of the relevant house rules; non-observance of the house rules by the customer and a refusal of admission by the organiser based thereon do not constitute grounds for any claims against ConcertVienna Online Ticket Agency. ConcertVienna Online Ticket Agency points out that the organiser may refuse re-entry by the customer in the case that they leave the venue.
VI. Our prices and charges
The prices stated on www.concertvienna.com are inclusive of statutory VAT.
ConcertVienna Online Ticket Agency charges service
charges/processing charges ("Surcharge"), the amount of which may vary depending on the event. Such charges will be itemised in a detailed and transparent way during the ordering process prior to the respective booking. ConcertVienna Online Ticket Agency points out that for this reason the end price to be paid by the customer may be higher than the price printed on the tickets ("original price, face value").
ConcertVienna Online Ticket Agency will not charge the customer any service/processing charges if they are borne by the organiser in full.
Should a delivery of tickets be made without prior payment the tickets shall be subject to retention of title. Until payment has been made in full the delivered tickets will remain the property of ConcertVienna Online Ticket Agency. Claiming retention of title shall constitute a recession of the contract only if expressly declared as such.
VII. Changes in the cast, the date and/or programme, postponements, cancellations, refunds
ConcertVienna Online Ticket Agency is not an organiser. The tickets obtained by ConcertVienna Online Ticket Agency and made available to the customer represent a right against the organiser the provision of (performance) services. Provision of the event is the sole responsibility of the organiser.
Changes to the cast, the date or time of the event, or the programme do not entitle the customer to return or exchange the tickets to ConcertVienna Online Ticket Agency; not even if these changes are made at short notice. Reassignments of roles are no reason for taking back tickets. ConcertVienna Online Ticket Agency will endeavour to inform ticketholders of any cancellations/date changes but is not obliged to do so.
ConcertVienna Online Ticket Agency is not liable either for any travel, hotel or similar costs in the event of cancelled/postponed/relocated events.
VIII. Ticket redemptions and exchange
The customer is not entitled to compensation for tickets that are not used or used only partially (e.g. due to late arrival for the event).
Tickets cannot be exchanged.
IX. Start times at the Vienna State Opera
When dates of events at the Vienna State Opera are published on the www.concertvienna.com website without indicating the time, it means that the final start times for these dates have not yet been published by the Vienna State Opera. They will be announced not later than one month before the performance and published on the www.concertvienna.com website.
It is the sole responsibility of the customer to find out about the start times of these events well in advance.
X. Disclaimer
The statutory warranty provisions apply.
XI. Copyright
ConcertVienna Online Ticket Agency is the owner of the rights to the content displayed on the www.concertvienna.com website or has had the rights to said content assigned to it. The use of any content of this website, including but not limited to its reproduction, distribution, broadcasting or performance, is only permitted upon the prior written consent of ConcertVienna Online Ticket Agency.
XII. Data protection.
The Data Protection Statement applies which can be read at https://www.concertvienna.com/... and was accepted by the customer by ticking a separate box when they completed the booking.
XIII. Other
ConcertVienna Online Ticket Agency is covered by the jurisdiction of the alternative dispute resolution bodies "Online Dispute Resolution" (https://webgate.ec.europa.eu/odr) as well as "Internet Ombudsman" (www.ombudsmann.at) and "Schlichtung für Verbrauchergeschäfte" [Conciliation for business-to-consumer transactions] (https://www.verbraucherschlichtung.at/). On the aforementioned platforms and on the platform for online dispute resolution of the European Commission (http://ec.europa.eu/consumers/odr/) the customer has the possibility to make use of out-of-court dispute resolution by an impartial conciliation body. The email address of ConcertVienna Online Ticket Agency is: manager@concertvienna.com
Provided that the customer is no consumer the parties agree that the court having jurisdiction over the subject-matter and Vienna-Innere Stadt [1st District] shall be the place of jurisdiction for legal disputes arising from this contract.
Legal disputes between customers and ConcertVienna Online Ticket Agency shall be governed exclusively by Austrian law, unless the customer is a consumer as defined by the Austrian Consumer Protection Act. In the latter case, consumer law provisions must be observed, which may (in whole or in part) result in the application of another substantive law. Application of UN Sales Law is excluded.
